HomeMy WebLinkAbout09/29/99 AGENDACITY COUNCIL AGENDA
SEPTEMBER 29, 1999
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PRE-COUNCIL SESSION: 5:00 - 5:30 P.M.
· General Council Business
CALL TO ORDER: 5:30 P.M.
· Pledge of Allegiance
· Invocation
CONSENT AGENDA - No items this week.
CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
MAYOR'S REPORT
LEGISLATIVE REPORT
PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Confirmation of Carol S. Conley as the Human
Resources Manager
B. Bid Award for Timber Sale 99-4
Professional Services Agreement with Parametrix, Inc.
For Evergreen Park Phase I! Remediation and Park
Construction Engineering Services
Manette Play Field Renovation IAC-YAF (Youth Athletic
Facilities) Grant Agreement
ORDINANCES
A. Ordinance No. 4666 (Second Reading) Amending
Chapter 2.04.010 of the Bremerton Municipal Code
Ordinance (First Reading) Amending Chapter
10.11.010(I) of the Bremerton Municipal Code
RESOLUTION
A. Resolution No. 2725 Proposing to set a Hearing Date of
October 20, 1999 for the Vacation of a Portion of
Marine Drive
Resolution No. 2726, 2000-2005 Six-Year Transportation
Improvement Plan
#AB99-196 I
#AB99-197 ~
#AB99-198
#AB99-199 4~
#AB99-200 70
#AB99-202 78
12. ADJOURNMENT OF MEETING
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
Employment Contract
Human Resources Manager
Carol Conley
ORIGINATING DPT. Executive
OIGINATOR: Mayor Horton
2. CLV. ARANCES: (comment on back if necessary)
Fiscal & Budg.~t~ ~ ~Z~~/
Operations /~'~-~/.~_/~/~-~-~ZZ
3. EXHIBITS:
Contract
~,~o..~~ >~o~~ ~o~ ~ co~c~, ~.s~.~ ~o~ s~~~. /
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Carol S. Conley has been the Human Resources Director for the City of Coconut Creek, Florida.
She comes to the City of Bremerton highly recommended by the mayor, her peers and employees
of Coconut Creek.
RECOMMENDATION:
Mo%ion to ~confirm the appointment of Carol S. Conley as Human Resources Manaoer.
9. RESPONSIBLE OFFICIAL: Mayor
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: n/a
REVIEW DATE: n/a
PULLED T.~BLED
COUNCIL DIRECTIVE:
10.
APPROVED
NCTICE OF ACTION
DISAPPROVED
DATE:
~MENDED
AGENDA BILL NO:
CLEARANCE COMMENTS (cont.):
~. SUMMB~Y STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
There will continue to be vacancy
6. IMPACT ON STAFFING, BUDGETS, FACiLiTiES, EQUIPMENT OR OTHER RESOURCES
$5,431 monthly included in existing budgen
7. RESEARCH SOURCES:
PAGE
3604785200 ADHiN SER,5ICES
EMPLOYMENT CONTRACT
HUMAN RESOURCES MANAGER
This Employment Contract is entered into this ,~.~ ~'day of,~a~___, 1999 by and
13etween the City of Bremerton, a c~artarad first ctass municipal corporation orgarfized under the
laws of the State of Washington, (hereinafter referred to as "City~), and Carol S. Conley, (hereinafter
referred to as "Human Resources Manager'). In consideration of the mutual benefits and promises
herein contained, the parties agree as follows:
1. DESCRIPTION OF SERVICES: The Human Resources Manager agrees to furnish fuit
time professional services as defined in the job description for Human Resources Manager which
is attached and hereby incoq3oratecl as a part of this Agreement, wflich may be amended by the City
upon tl3irty (30) days notice to the Humor1 Resources Manager.
2. SUPS: The parties understand and agree that the Human Resources Manager
ts an individual skilled in administration and management and can perform independent functions
and responsibilities in the exercise of tier field of expertise. In the perfornlance of these duties the
Human Resources Manager shall work under the direction of the Mayor.
3. TERM: The Huma~ Resources Manager si'tall serve at the pleasure of lhe Mayor
commencing Septem~3er 13, 1999, and continuing until termination or removat by terms of this
Agreement infra.
4. COMPENSATION: The Human Resour",,es Manager and City agree that compensation
for services rendered uncter this agreement shall begin at band 6, rate 7, Two Thousar, C Seven
Hundred Fifteen and 26/100 Dollars ($2,715.26) per semi-monthly I~ay period with a mon~ly rate cf
approximately Five Thousand Four Hundred Thirty-one and No/100 Dollars ($5,431.00).
The salary for the Humor, Resources Manager shall be adjusted to rate 8 upon completion
of six (~5) montl~s employment and a satisfactory performance evaluation and in confcrmance with
the provisions of the Management and Professional Staff Compensation Program (BMC 2.50)
al3olicable tc the position of Human Resources Manager.
Said salary shall be paid on the City's regular payroll system. It is exprassly understood by
and between We patties that the Human Resources Manager shall be expected to work at least forty
(40) hours Der week, inclusive of approvect leave.
5. BENEFITS; All benefits shall be afforded as provided in the Management and
Professional Staff Compensation Program (BMC 2.50) and as provided under the laws of the State
cf Washington for the position of Human Resources Manager. Vacation is set at twenty (20) days
per year. Within thirty (30) days of employment, the Human Res~3urces Manager shall be reimbursed
up to One Thousand and No/100 Dollars ($1,000.00) for moving expenses. The Human
EMPLO'~-MENT CONTRACT - 1 -
3
Resources Manager agrees that if she leaves the City's employment in less than two years she
will reimburse the City for moving expenses.
6. PERFORMANCE REVIEWS: Performance reviews shall be conducted in compliance
with applicable Human Resources Policies, and the Mayor shall utilize review standards and
forms approved by the Human Resources Department.
7. EXCLUSION FROM COLLECTIVE BARGAINING AND CIVIL
SERVICE: The Human Resources Manager acknowledges, understands and a~ees that the
position she is accepting with the City. is not included in the City's Civil Service system, and is
exempt from Union Membership.
8. TERMINATION OF SERVICES: The Human Resources Manager is an "at will"
employee and the City' may terminate her without cause, at any time, with thirty (30) days notice
required. In the event that the Human Resources Manager shall terminate employment with the
City, she agrees that she shall provide the City not less than thirty (30) days pdor notice of the
effective date of said termination in order to afford the City a reasonable opportunity to find a
replacement. The parties further agree that in the event a replacement is found who is able to
commence employment pdor to the expiration of thirty (30) days notice, that they may, in good
faith, negotiate an earlier termination date.
This Agreement may be terminated for cause, without notice, and no severance pay shall
be paid. "Cause" is defined as any reason for which a regular employee may be dismissed under
the Bremerton Civil Service Rules.
9. MEMBERSHIP/SUPPLIES: Memberships to professional organizations approved by
the Mayor shall be in the name of the City, to the extent allowed by law, and paid for by the City.
All supplies, equipment and materials purchased for use of the Human Resources Manager by
the Ciby.,,~'-~.~,, be!cng to the City.
10. GENERAL PROVISIONS:
A. This Agreement constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, written or oral, that have not been fully
set forth in the text of this Agreement.
B. The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
C. Any notices required to be given shall be in writing and delivered to the following
parties
at the following addresses:
Human Resources Department
239 Fourth Street
Bremerton, WA 98337
EMPLOYMENT CONTIL,-kCT-2-
Carol S. Conley
Human Resources Manager
c/o City Hall
239 4th Street
Bremerton, WA. 98337
D. This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior
Court of Kitsap County, Washington.
E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the
validity or enforceability of any other provision.
F. Failure to insist upon stdct compliance with any terms, covenants, or conditions of this
Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at any time be taken to be a waiver of any other breach.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above wdtten.
CAROL S. CONLEY /~//
CITY OF BREMERTON:
\',,~--~ ~ BY: ~ %' ~
~ ~ ~.,~..,,.,,..,.,...~ LYNN HORTON, Mayor
Human Resources Manager
Received for Filing:
KATHLEEN McCLUSKEY
City Clerk
APPROVED AS TO FORM~
GLENI~A MALANCA, City Attorney
EMPLOYMENT CONTRACT-3-
5
1. SUBJECT:
TIMBER SALE 99-4 BID AWARD
AGENDA BH~L
BREMERTON CITY COUNCIL
FOR AGENDA OF: Sept. 29, 1999
ORIGINATING DEPT: Public Works/Util.
ORIGINATOR: Forestry Manager
DATE SUBl~l.l'l'l'l~l~. 9/17/99
2. CLEARANCES (comment on ~~e~sa~): &EXHIBITS:
Director PW&U l/.~v/td~'~_ '7~ ~/ Z~ A~ Timber S~e ~osp~
Ci~ ~o~ey ' ./Y~ ~~~ B. Bid ma~lafi~
Ci~ T~er '~ ' ~ C. C~
~AVAI LABLE ~ONDAY ~
Fiscal & Budget Committee
ENDORSEMENT X INFO~TION
WILL BE /.~ r',, ~
SEPTEMBER ~7, 1999.i
ArrRovr~ BY cotrncm ,Rr_.sm~rr ~_~t s~~
4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The above timber sale was planned and prepared within the guidelines of the Water Utility's Forest Management Plan and the
Washington State Forest Practices regulations. A forest practices pesmit has been obtained for this harvest operation. This
proposed harvest will be an even-age cut on 58 acres. Total estimated volume is 1,135 MBF. Advertisement for bids was
prepared according to administrative procedures and bids received on SepLeviber ~7, 1999; summary, is attached as Exhibit B.
lt is recommended that the Citv Council award the timber sale to . ~-~ }"~(r~l-~__ /.-oqOi~t,q¢! for the amount of
s 627, 75a c c; ' o o- 3
8. RECOM3~IENDATION
Motion to approve and authorize the Mayor to execute the attached Bill.of Sale and Contract to Pay for and Remove Forest
Productsfrom~ City Lands for Timber Sale 99-4, with C~- ~'~;rq~~-- L-~ ~i ~-v~G[ in the amount of
$ ' ~'-~ I -7 ~O, (-)~ in accordance with established administrative pol~ies an~ procedures.
RESPONSIBLE OFFICIAL: Director of Public Works & Utilities
ENFORCEMENT OFFICIAL: Forestry Manager
EXPIRATION DATE: December 31, 2000
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
DATE:
11. AGENDA BILI~ NO: q~l~__
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Loss of anticipatedrevenue to the Water Utility
6. IMPACT ON STAFFING, BUDGETS, FACII JTIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: N/A
Budget: Receive revenue tn the am~x~nt of
7. RESEARCH SOURCES: 1996 Land Management Plan, Forestry Manager
7
DATE OPENED:
CITY OF BREMERTON
BID TABULATION
TIME OPENED: ~:oo
OPENED aY -"~; I[ E l~.~
I
RECORDED BY
BIDDER I RECTO I
SUMMARY
1111~ LGW IIIDIX~
ITEM 1
ITEM 2
TOTAL BID
ITEM 3
ITEM 4
ITEM 5 NET BID
TAX
COMMENTS
TOTAL
q2~.
Titular Sale Contract 1 9/13/99
CITY OF BREMERTON
Depaxtment of Public Works and Utilities
BILL OF SALE AND CONTRACT TO PAY FOR AND
REMOVE FOREST PRODUCTS FROM CITY LANDS
SALE #: 99-4
CONTRACT #
SALE NAME: DODGE
EXPORT STATUS: Export Restricted
THE PARTIES to this Bill of Sale and Contract for the Removal of Forest Products are the CITY OF
BREMERTON, a Washington municipal corporation, situated in the County of Kitsap, State of
Washington, the address ofwhich is 239 - 4th Street, Bremerton~ Washington 98337, hereinafter referred
to as the -CiTY-, and, ~',. ~,(xaffZ-- C.x::'~ 0;v'X c~ whose
mailing address is ~ ~,,¢ [~ ~ c ~ ,
hereinafter referred to as the "PURCHASER".
1.0 GENERAL TERMS
1.1 Title Conveyed: The sale of forest products described herein has been authorized and
ordered by the City Council of Bremerton, the Purchaser having made the highest qualified bid for the
forest products described below, and that bid having been accepted by the City on
the City hereby sells and conveys to the Purchaser title to the forest products described below.
1.2 Products Sold: The forest products conveyed to the Purchaser are described as follows:
all timber, except marked wildlife trees and desi~maated understory trees, bounded by property, lines.
timber sale boundary tags. powertine right-of-ways, roads, and plantations, comprising approximately
950 MBF of Douglas fir, 153 MBF of hemlock, and 32 MBF of alder.
1.2-1 Volume Estimates: Amounts of forest products sold under this contract or
described in the prospectus are estimates only. The City., making such estimates, neither warrants nor
limits the volume of forest products sold under this contract, it being agreed that each party, has had full
opportunity to investigate the volumes on the sale area. and relies solely upon its own observations and
estimates.
1.3 Sale Area: The sale area consists of 58 acres, more or less, situated in Kitsap County,
State of Washington, and described as: part of the Wl/2 NE1/4 and part of the NWl/4 SE1/4 Section 29,
Township 24 North, Range 1 East, W.M.; Sale area is more fully depicted on map marked "Timber Sale
Contract Unit Map" attached to this contract and made a part of said contract by this reference.
1.4 Operating Authority: Purchaser is hereby granted permission to enter upon City lands
and remove the forest products itemized in Clause 1.2 upon execution of this contract by the CiW and its
8
'r'nnber Sale Contract 2 9/13/99
authorized representatives and upon payment as set forth in Clause 2.0. Purchaser hereby agjees to
complete all contract requirements by December 31. :1000
1.5 Representatives:
1.5-1 City.: The fights and duties of the City under this contract will be exercised by
the City's Public Works and Utilities Director or such officer as may be otherwise designated by the
Director.
1.5-2 Purchaser: Purchaser agrees, prior to commencement of operations, to notify
the City in writing of the name, address and telephone number of a person who will be readily available
at all reasonable times during the construction and logging operations, and who shall be authorized to
receive on behalf of the Purchaser, any instruction or notice given by the City in regard to performance
under this contract, or breach thereof.
1.6 Time Extensions: An extension of operating authority time as established in Section 1.4
may be granted by the City upon written request received thirty (30) days prior to the expiration date of
the contract, and upon such additional terms and conditions as specified by the City in authorizing the
extension. At a minimum, an extension fee of $1.000 plus the interest on the unpaid balance of
the bid price will be required.
1.7 Insurance: Purchaser shall, before commencing operations, provide the City. with a
certificate of insurance evidencing commercial general liability coverage of at least $1,000.000 per
occurrence including logging broad form property, damage. The City of Bremerton shall be named an
additional insured, and the policy shall be kept in full force during the lifetime of this agreement.
1.8 Business License: Prior to commencement of operations, the Purchaser shall obtain a
City of Bremerton business license.
1.9 Taxes: Purchaser has sole responsibilib' for payment of timber excise tax as well as any
other taxes levied by any government agency having authority thereof,
1.10 Export Restrictions: Timber conveyed under this contract is restricted from export
under WAC 240-15 and is subject to all laws applicable under this chapter.
1.10-1 Purchaser Certificate: Purchaser shall complete a Purchaser Certificate
included with this contract and return to the City prior to the commencement of logging operations.
1.10-2 Log Marking: All logs shall be branded at both ends with a registered log
brand and painted at both ends with durable red paint. Purchaser is responsible for providing the brand
and paint at his expense.
Timber Sale Contract 3 9/13/99
2.0 PAYMENT
2.1 Forest Products.: Purchaser agxees to pay for the forest products herein before/B,:
conveyed on the basis of the accepted bid price, said bid price being in the amount of $ 3~4
· Bid price to be paid according to the following sche~tule: a deposit often (10) percent of the bid p~ce
due upon award of contract,, the balance due prior to commencement of timber falling operations, or on
an installment basis as approved by the City Treasurer, provided the value of timber to be felled within
the installment period will be paid for in advance of cutting, exclusive of the initial deposit. The initial
deposit to be applied, as final payment (to equal the lump sum bid).
2.2 ScalinR Information: Purchaser agrees to furnish the City with scaling information
showing the scale, count and measure of forest products removed. The scaling information shall be
furnished to the City within sixty (60) days after completion of logging operations.
3.0 DEPOSITS AND BONDS
3.1 Deposit: Purchaser, having heretofore deposited $ q~7. 7 7 ~ O O. hereinafter
called the initial deposit is required to maintain this amount with the ~it3j'. Said deposit is partial
payment of the total bid price.
3.2 Noncompliance: The payment of the Purchaser of any damages to the City. resulting
from noncompliance with any rule. regulation, or law of the City. or other governing agency, is hereby
made a condition of this contract the performance of which is secured by the required cash deposits
and/or surety bond.
3.3 Performance Bond: As a guarantee of the faithful performance of the provisions of this
contract,, including not only the sums due to the City. hereunder, but all damages accrued to the City. by
reason of the operations of this contract, the Purchaser delivers herewith, a performance bond in the sum
of
$20,000.00 in a form acceptable to the City..
4.0 LOGGING
4.1 Plan of Operations/Preconstruction and Pre-LoRRin2 Meetino: The Purchaser shall,
before starting operations within the sale area, submit to the City Representative, a plan of logging
operations, including a summary of methods to be utilized, the sequence to be followed, times to be
maintained, and such other information as may reasonably be required by the Public Works and Utilities
Director, or his appointee. Upon approval by the City., the Purchaser shall carry out its operation under
this contract in compliance with and pursuant to the plan.
/O
Timber Sale Contract 4 9/13/99
Purchaser shall arrange to meet with the City. Representative before commencing any operations on City
land.
4~2 Forest Practices and Other Applicable Laws: Purchaser shall fully comply with all
provisions of the Forest Practices Act of the State of Washington as now existing or as subsequently
amended, and all other applicable laws, rules and regulations and shall hold the City harmless from any
obligation or liability arising thereunder.
4.3 Fallin~: The Pumhaser shall fall all timber into the sale area whenever reasonably
ptssible. The tops, limbs and trees felled into adjacent areas shall be removed concurrently with the
logging operation. Directional failing is required along streams or stream courses, lakes, ponds,
reservoirs, etc.
4.4 Stump Height: All trees shall be cut as close to the ground as practicable.
4.5 Equipment: Forest products sold under this Contract shall be removed bv rubber-tired
skidder or tractor. Equipment used shall be sized and operated so as not to cause damage to soils or
residual stand.
4.6 Tops: If not otherwise treated, non-merchantable tops and limbs shall be lopped and
scattered within the sale area. All woody debris generated within a right-of-way area shall be disposed of
in a manner acceptable to the City.
4.7 Stream Protection: Yarding equipment and any other equipment shall be set back from
any stream bank so that the act of yarding, storing or operation will not damage or encroach upon the
flowing stream in violation of any statute, rule, re~malation or agreement in relation thereto. No timber
shall be felled across, or into, and no yarding shall be permitted in or through such stream courses, lakes,
or ponds, as designated by the City., or by any agency of the State having jurisdiction thereof, unless
permission to do so is granted in writing by the City and~or the appropriate State agency.
4.8 Rub Trees: Rub stumps or trees shall be left on main skid trails, to protect leave trees.
Rub trees may be removed at the end of logging operations.
4.9 Spur Roads/Skid Roads: whenever practical, existing spur roads and skid roads shall
be utilized. Additional spur roads shall be approved by the City. prior to construction. No skidding on
existing main roads unless authorized in writing by the City Representative.
4.10 Landings:
shall not be located on
Representative.
Wherever practical, existing openings shall be used for landings. Landings
main access roads. Landing location shall be approved by the City
Provided: That all main access roads shall not be blocked during logging operations and shall be kept
open at all times.
/!
'I-uuber Sale Contract ~ 9/1.3/99
4.11 Additional Timber:. The City may designate additional timber within the sale area
boundaries or within adjacent areas to be cut. The Purchaser must remove all merchantable timber so
designated, prior to the expiration date of the operating authority as defined in Clause 1.4 herein. All
merchantable timber so designated shall be paid for at the bid rate or at an appraised value as determined
by the City and agreed to by the Purchaser. Such payment shall be made at the same time and in the
same manner as provided for other forest products conveyed under the terms of this contract.
4.12 Undesignated Trees: Any trees, standing or down, not designated for removal that must
be removed in the construction of landings, skid roads, truck roads, firebreaks or other author/zed
construction, shall be marked by the Purchaser, and the Purchaser shall pay for such trees at the rate bid
for similar products or at an appraised value determined by the City.
4.13 Water Bars: Prior to termination of this contract or cessation of use, whichever is
sooner, the Purchaser shall construct water bars across hauling and yarding roads and fire Wails in
locations desi~tmated by the City if deemed necessary by the City Representative.
4.14 Log~ine Release: Purchaser shall obtain a written logging release from the City where
there has been satis£acto~ compliance with all contractual requirements, including but not limited to, all
slash disposal work. The receipt of such logging release and/or acceptance does not relieve the
Purchaser of compliance with any slash disposal requirements that are listed within the contract or
additional fire hazard reduction measures as may be provided herein. Upon issuance of said release,
however, all cutting fights revert to the City.
4.15 Powerlines: Purchaser shall observe all pertinent requirements specified in "Exhibit A"
when working in proximity to powerlines.
5.0 DAMAGES
5.1 General: All operations of the Purchaser under this agreement, including any
construction, whether of roads or otherwise, and cutting and removal of timber, shall be so conducted as
to minimize, so far as is reasonably practicable, danger to adjacent City timber, or reserve trees within
the sale area or within any area within which Purchaser carries on activities, whether transportation or
otherwise, as well as to any stream course, stream side, reservoir, lake or pond within such areas, and to
all other properties affected thereby.
5.2 Stream Courses: Reservoirs, stream courses, stream sides, lakes and ponds in or
adjacent to the sale area shall be cleared of logs, chunk and other debris deposited therein, as a result of
operations under this contract. Such material shall be removed and deposited in such a manner as is
satisfactory to the City. Use of machinery in such waters is prohibited unless provision for such is
granted in writing by the City and approved by all appropriate agencies having jurisdiction thereof.
/2.
Timber Sale Contract 6 9/13/99
5_3 Erosion and Damaee to Soil: During operations under this agreement, including the
construction of roads and landings, Purchaser shall take such precautions as are necessary to minimize
erosion and damage to the soil, and make certain that no governmental laws, rules or regulations or laws
are violated through such erosion, or as a result of its operations. Purchaser shall exercise every
necessary means to prevent contamination and pollution of the waters or any reservoir, stream course,
lake or pond as a result of any operation by Purchaser during the performance of this contract.
5.4 Damaee to Trees: Any trees damaged in the course of normal logging operations
through the utilization of reasonable methods may be marked by the City and the Purchaser shall pay for
such trees at the amount bid for similar products or at such appraised values as may be reasonably'
d~termined by the City. Purchaser shall have the fight'to remove the products so marked after payment. _
5.5 Payment for Forest Products Destroyed or Damaged: In the event any forest
products included in this contract are destroyed or damaged from any cause not otherwise covered
herein, the same shall be paid for by the Purchaser on demand by the City, at rates contained in Section
2-0 or, if no rate is therein fixed for a particular forest product, at appraised value as determined by the
City. Purchaser shall have the right to remove forest products remaining on the sale area upon payment
therefore.
5.6 Deleterious Material: All possible care shall be taken by the Purchaser to prevent fuel.
oil, grease or other harmful materials from entering the waters of any reservoir, lake. stream course or
pond as a result of any operation of Purchaser. Refuse resulting from Purchaser's use. servicing, repair or
betterment of its equipment shall be immediately removed from City. property.
5.7 Other Damaees: Any damages to fences, gates, culverts, bridges, and/or other
structures caused by the Purchaser's operations shall be repaired in a timely manner at the Purchaser's
sole expense.
6.0 SURVEYS AND MARKERS
6.1 City Marks: The City has located and marked or otherwise designated all sale
boundaries. Purchaser has gone over the boundary, lines on the ground, knows where they are and a~ees
to confine his or its cutting to the forest products contained within the boundaries and to be responsible
for any violation of this requirement.
6.2 Preservation of Markers: Any land. subdivision, survey, comers, witness objects or
survey markers of any type are to be preserved. If such are destroyed or disturbed the Purchaser shall
re-establish them by a licensed land surveyor in accordance with United States General Land Office
Standards at Purchaser's own and sole expense. Comers and/or witness objects that must necessarily be
disturbed or destroyed in the process of road construction must be adequately referenced and such
reference approved by the Utilities Director prior to the removal of said comers and/or witness objects.
Timber Sale Contract 7 9113199
7.0 SLASH DISPOSAL - FIRE PREVENTION AND CONTROL
7.1 Slash Defined: The term "slash", as that term is utilized for the purposes of this
contract, shall mean all debris of whatsoever type created on the sale area and right-of-way thereto by
logging, milling, and other related operations of Purchaser, or by windstorm.
7.2 Slash Disposal/Fire Fla~,ard Reduction Plan: A slash disposal/f'we hazard reduction
plan, if required, will be part of this contract by attachment and will become part of the contract therein.
7.3 Waiver of Slash Disposal Treatment. The City reserves the right to waive any
requirement relating to slash disposal or fire prevention, so long as such waiver is made in writing by the
City a_e~erPurchaser has been provided alternative methods for disposal and fire prevention, which have
been approved by the City:
Provided: That such waiver shall be subject to revocation in the event of any failure of the Purchaser to
comply with such alternative methods.
7.4 Men and Equipment: The Purchaser agrees to provide persons and equipment at its
own expense to fulfill any requirement that may be established by law, whether State or Federal, whether
such persons or equipment are to be utilized for slash removal or fire prevention and suppression.
7.5 Clean Firebreaks: The Purchaser shall, upon completion of logging and at such other
periodic times as may be stated in writing by the City.. clean out all fire trails and skid roads designated
by the City as fire breaks, leaving them free of debris for suitable fire breaks. When designated by the
City, water bars and cross ditches are to be installed on trails to prevent erosion.
7.6 Fire Responsibility: Purchaser shall reimburse the City, its agents or employees, for all
costs and/or liability of whatsoever nature incurred as a result of negligence of the Purchaser in the
creation, spreading or escape of fire, whether such liability, is incurred by the City through an&'or to
private parties or governmental agencies.
7.7 Operating Equipment Durin~ Closed Season: The Purchaser agrees: Not to operate
any equipment powered by a spark-emitting engine between April 15 and October 15 of each year for
logging, milling, fire suppression or road construction and maintenance or any activity whatsoever
within the sale area unless it is equipped with spark arrestor of a type approved by the State of
Washington for utilization within its lands. Nor shall it operate any power saw or power equipment in
any condition, which is known or can reasonably be known to start fires. The City reserves the right
during periods of dangerous weather as designated by the City, to prohibit the operation of any or all
such spark emitting engines within the sale area.
7.8 Fire Hazard Reduction: In the event the City furnishes a fire hazard reduction plan to
provisions relating to but not limited to slash disposal and reduction of fire dangers, the Purchaser agrees
to carry forth the measures at such time as may be established within the plan, but no later than the
completion of logging in an area or at such other time as may be directed by the City.
Timber Sale Contract 8 9/13/99
7.9 Fire Extinguishers, Fire Tools: Every internal combustion motor, yarder or
vehicle shall be equipped with a chemical fn'e extinguisher and shall comply with all State established
regulations relating to such equipment. Purchaser further agrees during the period of April 15 to October
15 to maintain on his operation toolboxes and other fire equipment as required by Washington State law.
7.10 Charge for Slash Disposal Work Not Completed: In the event that the Purchaser fails
to carry forth the slash disposal preparation work or reasonable measures to prevent fires from starting or
spreading from or within the timber sale area by the date that is designated by the City in any hazard
reduction plan set forth or within this contract, the City. shall have the fight to complete such work or
preparation and the Purchaser agrees to pay to the City the sum of monies reasonably expended by the
' City in such work. The Purchaser further agrees to pay all costs and liabilities incurred by the City as a
result of the failure of Purchaser to either complete the slash disposal preparation work, fire reduction
measures, or to make available the men and equipment as required by the terms of this contract.
7.11 Weather Instruments: During the period from April 15 to October 15, the Purchaser
shall provide and maintain such weather instruments which will at all times measure the relative
humidity and temperature of the air, and make the reports therefrom available to the City. upon request.
Observations shall not be required on any day that rain is falling. At such time as the relative humidity is
30% or less, operation of any and all spark emitting machine~, with the exception of automobiles, must
voluntarily cease, unless permission to continue is given in writing by the appropriate officials of the
Ci~.
7.12 Watchperson: During the period April I 5 to October 15 and such other times as may be
designated by the City., Purchaser shall have a watch person on duty for at least two hours after the
closure of operations for the day, or any part thereof in which operations occur:
Provided: That with the written permission of the City. this requirement may be waived or modified.
All watch persons shall be competent and trained in fire detection and suppression activities.
7.13 Open Fires: Purchaser shall not set or allow to be set or maintained by his employees or
subcontractors any open fire at any time of the year without first having obtained permission in writing
fi'om the City.
7.14 Fire Lines: Purchaser shall construct a £tre lane or firebreak along the outer boundaries
of the logging area or areas if required by a slash disposal/fire hazard reduction plan attached to this
contract. Such fire lanes or breaks shall be located and constructed to the satisfaction of the City. On or
adjacent to the fire lane or break, all dead trees shall be felled and all flammable materials, including
slash, reproduction and debris, shall be pushed or otherwise moved into the area to be logged. The
cleared width ordinarily may not be required to exceed that of the bulldozer blade used in construction,
but additional width may be required if considered reasonably necessary for safety by the City or
Purchaser. When deemed necessary in the judgment of the City, a continuous lane cut to mineral earth
shall be provided on the exterior edge of the cleared area.
Timber Sale Contx~ct 9 9113/99
8.0 ROADS
8.1 Authorization: Purchaser is authorized to construct and maintain on the CiW lands all
necessary roads, bridges and other transportation facilities needed for the cutting and removal of the
timber included in this contract. When utilized throug, ahout this contract, the term, "construct", shall
include the term, "reconstruction", or "reconstruct".
8.2 Road Construction: All construction, reconstruction, and betterment of roads covered
under this contract shall be located and constructed as approved by the City and/or will be in accordance
with a plan provided by the City and made a part of this contract by attachment, if required.
8_3 Location, Design. and Construction: Such roads and other facilities shall be located
and maintained in accordance with the provisions and specifications set forth in this contract or the
attachments thereto and shall at all times remain the property of the City. Any existing road or facilities
utilized by the Purchaser in the performance of its a___e~_ ities under this contract shall be maintained
and left by Purchaser, in as good or better cond'_m_'_on than found at the date of Purchaser's inith~ use.
The relocation, design and construction techniques of all such roads and facilities shall be approved by
the City before construction is commenced by the Purchaser. Purchaser agrees that any transportation
facility needed for operation under this contract shall be located, constructecL operated, and maintained
in a satisfactory, manner. The City. shall further have the right to utilize and allow the utilization of any
road construction by the Purchaser under this contract for any and all purposes in connection with the
protection, administration and utilization of the area here in question:
Provided: That as to any non-public road constructed by the Purchaser any such utilization shall not
materially interfere with the operations of the Purchaser.
8.4 Liabilitw for Damage: Any required payment or maintenance carried out by the
Purchaser shall not relieve the Purchaser from liability, to the City. for repair or damage to the roads,
including bridges and culverts, due to overloading tracks, carelessness or negligence on the part of the
Purchaser, its employees, subcontractors and their employees, or any other parry utilizing the roads with
permission of Purchaser.
8.5 Reservations: The City shall have the right to use, without charge, all existing roads
and/or any road constructed or reconstructed on City. lands by the Purchaser under this contract for any
and all purposes deemed necessary, or desirable in connection with the control, management, harvest and
administration of City-owned land or the resources thereof and the City may extend such rights and
privileges to others, provided such use by others shall be controlled so it will not, in the opinion of the
Public Works and Utilities Director, interfere unduly with the use of the road by the Purchaser.
8.6 Required Maintenance/Construction/Betterment: Roads utilized by Purchaser shall
be maintained and left in a condition as good or better than found at the date of Purchaser's initial use.
Approximately 2 stations of new construction and 15 stations of betterment (to consist of grading,
T'maber Sale Contrac~ 10 9/13/99
ditching, realignment, and surfacing as necessary) are required on the 1100 road. Rock is available from
a private pit within one-half mile of the timber sale.
9.0 BUll,DINGS AND IMPROVEMENTS
9.1 Buildings and Improvements: Purchaser may construct on City. lands, when authorized
to do so by the City, such buildings or other improvements as may be reasonably necessary for logging
the timber included in this agreement. All such buildings or improvements shall be located to prevent
pollution of the water in streams or lakes and shall in no event violate any applicable City, State or
Federal law, rule or regulation. When such improvements are to be moved or abandoned, the Purchaser
shall dispose of the improvement in such a manner as is acceptable to the City. The authorization
granted hereunder to build or maintain improvements upon the City lands terminates with the
termination of this agreement.
92. Abandoned Property: Any improvement, whether a building or otherwise, constructed
upon the property, of the City may, with the consent of the City, be left upon the property from the
termination of this contract:
Provided: That upon any such action, title thereof shall pass to the City..
10.0 OTI:t-F~R CONDITIONS
10.1 Notice: All notices to be given by either party, to this contract in relation to this
agreement shall be in writing and may be served personally upon the parties at the addresses noted below
or by certified mail, return receipt requested, addressed to the party, to be served at the address
hereinafter set forth. Any notice to be given by certified mail shall be deemed to have been received four
days after the posting thereof in the United State Postal Service, postage prepaid.
10.2 Breach of Contract: In the event the Purchaser violates or breaches any term of this
agreement or any requirement hereunder, the City shall have the right to suspend operations of the
Purchaser hereunder by the giving of written notice, specifying the breach alleged. If such breach is not
remedied within thirty. (30) days after the giving of the notice, the City may terminate this agreement and
the Purchaser shall have no further rights under this Bill of Sale and Contract. Upon such termination,
the City shall notify the Purchaser of a Breach of Contract and the deposit made in connection herewith
may be forfeited upon order of the City Council and action may be taken to recover damages from the
Purchaser and surety.
10-3 City's Right to Remedy Breach of Contract: In the event the Purchaser has violated or
breached any term of this agreement and has failed to remedy the breach thereof, the City shall have the
option to remedy of any such breach if, after the giving of notice of breach required hereby, the
Purchaser shows no indication of attempting to remedy the breach, or if there is an apparent inability of
t7
Timber Sale Contract 1 1 9/13/99
Purchaser to remedy the breach as such absence of attempt or inability may be reasonably determined by
the City, the City may, in its discretion, immediately enter upon the property and commence attempts to
remedy the breach. Any expense so incurred by the City shall be charged against the Purchaser and be
paid to the City by the Purchaser within thirty (30) days after receipt of the billing for the expense.
Purchaser shall, in addition to the cost of the attempt to remedy the breach, be responsible to the City. for
any such losses or liabilities as may be incurred by the City, as a result of the breach, such losses to be
paid to the City by Purchaser within thirty (30) days of notice of the mount in question.
10.4 Assignment: The Purchaser shall not assign any rights hereunder without the consent of
the City in writing,'signed by the Mayor of the City of Bremerton. No purported assignment of any such
right shall be effective without the consent herein anticipated.
10.5 Purchaser Complaints in Writing: Complaints by the Purchaser as to any action
taken, or any action not taken by the City, in respect to this contract, shall not be considered unless made
in writing to the City within thirty (30) days of any such action or non-action.
10.6 Compliance with Laws: Purchaser, its employees, subcontractors and their employees
shall conduct their activities in a safe and workmanlike manner to comply with all appropriate City., State
and Federal laws, rules and regulations in relation to such activities, and shall cooperate fully in making
it possible for the City's officers to inspect the cutting, logging, construction and other activities of the
Purchaser under this contract, and to conduct their official duties on the sale area and its vicinity..
10.7 City Held Harmless: The Purchaser shall hold the City, its agents, officers and
employees harmless from any liability, of any sort whatsoever, whether for injury to persons or property.
or otherwise arising out of any cause whatsoever related to Purchaser's operations or performance, action
or inaction of this contract. Purchaser shall further, upon the tender of any such claim, assume the
defense of any claim filed or brought against the Ci~ arising out of Purchaser's performance of this
contract. In the event Purchaser fails to comply with the provisions of this paragraph, it shall pay to the
City any and all expenses and monies reasonably expended in the processing, defense and settlement of
any such claim, with the payment to be made within thirty. (30) days of the tender of a statement therefor.
10.8 City's Rieht to Close Operations: If. for any reasons, including but not limited to
danger of fire determined to be excessive by the City.. and any reasonable perceived threat to persons,
property, or the environment, the City exercises its right to order the closure of operations under this
contract, (said right being hereby recognized, established, and acknowledged) the time of completion of
this contract shall be extended by the number of days or portion thereof contained within said closure, so
long as the closure is not as a result of actions of Purchaser or any person or entity acting upon
Purchaser's behalf which are actions in breach of this contract. The extensions of time shall be
Purchaser's sole remedy under this contract for any such closures and shall be in lieu of any other right,.
whether at law or at equity, including but no,t limited to monetary damages. If the closure is as a result of
Purchaser's breach of this contract or is a breach of the contract any person or entity acting on
Purchaser's behalf, there shall be no right to the extension provided for hereunder.
T'anber Sale Contract 12 9/13/99
10.9 Venue: Any litigation commenced between the parties to this contract arising out of this
contract shall be filed in the Superior Court of the State of Washington, in and for the County of Kitsap,
which shall be the court having proper venue thereof. ~
10.10 Settlement: In addition to any other relief granted to one party against the other, the
parties agree that the non-prevailing party in any such litigation shall pay to the prevailing party, in
addition to any such other relief, the sum determined by the court to constitute reasonable attorneys fees.
il.0 EQUAL OPPORTUNITY
11.1 During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to
the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms of compensation: and selection for training, including
apprenticeship.
(b) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
12.0 SPECIAL PROVISIONS
12.1 Sanitary Regulations: Sanitary regulations by the Washington State Department of
Health shall be observed. Sani-Can type restroom facilities shall be provided by the Purchaser.
12.2 Firearms: No firearms shall be permitted on any properties covered by this a~eement
or Bremerton Watershed lands.
13.0 MISCELLANEOUS
13.1 Entire Agreement: This agreement constitutes the entire agreement between the
parties. There shall be no oral modification of this agreement.
13.2 Law Applicable: The laws of the State of Washington shall be applied in construing
this agreement.
Tnni~n- Sa]c Conuact
13
9/13/99
13_3 Time: Time is of the essence in performance of this agreement.
EXECUTED this ~day of .1999.
PURCHASER: CITY OF BREMERTON:
By By
Title
Lynn S. Horton, Mayor
DEPARTMENTAL APPROVAL:
W. Eugene Sampley
Director of Public Works and Utilities
APPROVED AS TO FORM:
Glenna Malanc& City. Attorney
ATTEST:
Kathleen L. McCluskey, City Clerk
,20
TIMBER SALE CONTRACT
UNIT MAP
Sale Name/Number:
[Init #
SCAI.E:
/"=1ooo
e/so/e~
LEGEND:
21
Considerations for Working Near Power Line~
Washington Administrative Code 0NAC) requires that cranes or other
equipment be kept a minimum distance in ali directions of approximately 12
feet from energized 115 kV conductors (wires) of the type that run through
the proposed area to be cut.
If it is necessary to work closer than this, then the lines must be de-energized
and a clearance issued by our system operator. Outages must be scheduled
at least one w~rking day in advance. These can be arranged through our
outage desk between @:00 a.m. and 3:00 p.m. on normal working days at
(425) 882-4640. Please be advised, that it may not a{ways be possible to get
outages because of heavy system toads or because of unusual ~nditions
involving our systam and those of other utilities. The more lead time we
have, the better chance the outage can be scheduled as desired.
It is not necessary to contact our system operator for normal day to day
operations but, be advised that the lines are energized at 115,000 votts and
will trip and mclose (re-energize) automatically multiple times if contact is
made. At these voltage levels, trees contacting the line must be considered
t~ be energized until the line has been taken out of service and we have
given notification that it is safe to proceed.
Changing the grade under the lines to any great extend is prohibited. The
addition of a few inches of gravel on top of the existing roadway to improve
traction is allowed but extensive fill can bring ground clearance down below
minimum required tevels.
Digging within 10 feet of existing poles or the guys and anchors which
support them is not recommended, if such is deemed necessary, please
contact Tom Foumier at (206) 521-5198. It will be necessary to evaluate
exceptions on a case by case basis. Again. advanced notice will provide the
best chanced to eliminate delays.
Logs must not be stacked under the lines or in such a manner as to block the
access roads. All parts of the lines must be accessible at all times.
Slash piles must not be placed under the lines or near the supporting
structures. If such piles are to be burned, they must be a minimum of 50 feet
away from the line (further is better.)
Where trees are left for wildlife or other purposes, it is desired that they be far
enough away that they cannot fall into the lines if blown over by high winds,
CITY OF BR~ 'ERTON
Public Works & Utilities ~3orestry Division
TIMBER S3J~g PRDSPEu-£uS
SALE NO: 99-4 SALE N~A~E: Dodge Hill
~-x-ORT STATUS: Restricted u~ ~ 240-15 or as reused
BID OPENING: 2:00 P.M.~ Monda~ , Se~ .tether 27~ 19,99 ,
Purchasing Division, Office of City Clerk, City Hall, 239 - 4th St.,
Bremerton, WA 98337.
Sale area located within Bremerton Water Utility forest land.
LEGAL DESC~IPTION: all tiafoer, except mamk~ wildlife trees and
c~esignated ur~erstoz~ trees, bounded by property lines, timber sale
boundary tags, powerline right-of-way, road~, and plantations located on
part W1/2 NE1/4 and part NWl/4 SE1/4 Section 29, Township 24 North,
Range 1 East, W.M., containing fifty-eight (58} acres, more or less, and
comprising:
Species Volume (MBF)
Douglas Fir 950
Hemlock 153
A~der 32
Quality/Percent
2S 41%, 3S 36%, stud 19%, pulp 4%
2S 30%, 3S 35%, stud 20%, pulp 15%
3S 22%, 4S 31%, pulp 47%
Total 1,135
I~II~ql~MBID: $400t000.00
installment plan basis.
Tin~ber will be sold on a cash or
BID DEPOSIT: Ten (10) ~rcent of total bid price. Upon award of
contract this becomes the initial deposit to be maintained with the City
for timber payment. Bid deposit must be in the form of a cashier's
check, cash, or other form acceptable to the City.
PEP~O~4ANCE BOND: $20,000.00 security in a form acceptable to the City
upon execution of contract.
EXCISE TAX: Forest excise uax 5o be paid by Purchaser.
~I~TION DATE: Ail contrac5 requirements must be completed by Dece_~foer
31, 2000.
TI~4BER T~PE/L(~GING CONDITIONS: Good quality second growth Douglas fir.
Rubber-tired or tracked skidder year round. Equipment shall be sized to
minimize damage to soils. Landing locations to be pre-approved by City
representative.
SI2%SH DISPOS4tL: Lin~bs and non-merchantable tops to be lopped and
scattered within sale area. Slash at landings to be bunched and fire
trailed as directed by City Representative. No burn piles within PSE
powerline right-of-way.
ROADS: Maintenance by Purchaser. Approximately 2 stations of new
construction and 15 stations of betterment required per contract
specifications.
BIDDING INS~UCTIONS: Prospective bidders are urged to make their own
independent study of the sale area and other conditions. Contact the
Forestry Manager at (360) 478-5354 to arrange to view sale area, between
the hours of 7:30 a.m. and 4:00 p.m., Monday - Friday. NOTE: SALE AREA
BEBi-~TD I~DCKED ~S - %r~CINITY ~ IS FOR FOP. ESTRI OFFICE AT 4398 WEST
BEZ~AIR ~?.TmX ROAD. If no answer, call the Water Operations Center at
478-5920, to page Forestry personnel.
Volumes of timber described in this prospectus are estimates only. The
City neither warrants, nor limits the volume. If any conflict exists
between this prospectus and the contract, the contract shall prevail.
Bids must be submitted on attached Prolmosal Sheet. Clearly mark on bid
envelop: "TI~4BER SA/~E 99-4 BID". Bids must be received by the time and
date specified above. Highest qualified bid subject to confirmation by
the City Council of Bremerton.
(OVER)
S~cifications~d contract documents may-.~ reviewed at the City
Clerk's Office (239 - 4th Street, Bremerton/478-5290); Public Works &
Utilities Administration (3027 Olympus Drive, Bremerton/478-5318); or
the Forestry Division Office (4398 West Belfair Valley Road/478-5354).
Contract documents will be sent to prospective bidders upon request.
/ ":/000
.
CITY OF BREMERTON PURCHASING DEPARTMENT
239 4TIt STREET * BREMERTON WA 98337 * (360) 478-5293
PROPOSAl,
Project: 99-4~ Dodge Hill Timber Sale Date:
TO THE CITY COUNCIL AND CITY CI.ERK, CITY OF BREMERTON:
In accordance with your advertisement, plans and specifications on file in the office of the City Clerk, the
undersigned hereby certifies that personally examined the
location of the proposed sale as outlined in the prospectus, and has read and thoroughly understands the
provisions of the contract and methods of payment which shall be made and hereby proposes to remove
timber in accordance with said contract.
All timber to be removed and contract provisions completed prior to December 31~ 2000
TOTAL LUMP SUM BID: $
(Total lump sum bid written on line above)
Herewith find our Bid Deposit for: $
Purchaser:
(Bid deposit is ten percent of the total bid price)
Signature
Firm Name:
Address:
Telephone Number:
ALL PROPOSALS MUST BE IN INK OR TYPEWRITTEN. NO ERASURES PERMITTED.
PROPOSALS SHALL BE SUBMITTED IN A SEALED ENVELOPE, CLEARLY MARKED ON
THE OUTSIDE: "TIMBER ,.YALE 99-4 BID"
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Professional Services
Agreement with Parametrix, ~ for
Evergreen Park Phase H Remediafion
and Park Construction Engineering
FOR AGENDA OF: September 29, 1999
ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: JoArme Wroblewski, Ass't Director
DATE SUBM1TYED: Sept. 21~ 1999
2. CI,F~ARANCES:
3.
(Comment on back if necessary)
Parks & Recreation Director: /".~~.~~"~ * Parametrix, Inc. Professional Services
Director PW & Utilities
City Treasurer: ~ ~k~,~l.sl ~ * Cost Estimate (Exhibit B)
Fiscal & Budget Commiuee: ~ t~/~Project Schedule (Exhibit C)
ENDORSEMENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A request for Statements of Qualifications (S.O.Q.) for professional engineering services was solicited
and received on June 11, 1999. Three (3) fa'ms responded to the SOQ whereby Parametfix, Inc. was selected
as most qualified, knowledgeable and sensitive in the areas of brownfield remediation to perform this service.
Parametrix, Inc. will perform Site Remediation - Phase I as outlined and specified in the Department of
Ecology Agreed Order. In summary, Phase I shall include demolition of site structures and the engineering
studies necessary to develop design criteria for remediation and park design. Phase II will include the
remaining remedial actions as specified in the Agreed Order and park design. The Phase II scope of services
and costs will be presented to City Council upon completion of Phase I elements. The cost of Phase I Scope
of Services is $172,186.00.
8. RECOMMENDATION:
Motion: To authorize the Mayor to enter into a Professional Services Agreement with
Parametrix, Inc. for engineering services relating to the Evergreen Park Site Remediation-Phase 1 as
outlined and specified in the Department of Ecology Agreed Order.
RESPONSIBLE OFFICIAL: Cris Gears
ENFORCEMENT OFFICIAL: Cris Gears
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL #:
2(o
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The Evergreen Park Remediation will not go forward.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
This agreement is the engineering aspect that will develop the plans for the remediation of the
industrial brownfield and lay the foundation for the Evergreen Park expansion project. This will
enhance the Evergreen Campus neighborhood by preparing a site for future development of
approximately four (4) acres of parkland and other amenities for the recreational activities of the
citizens of Bremerton.
The remediation efforts at Evergreen Park will not add significantly to the workload of the Parks
& Recreation Department's maintenance staff and equipmem.
The remediation efforts will be funded by a grant fi.om the Departmem of Ecology and matched
by the City for a total project cost ors 2.2 million. The City's portion to be provided from the
Roosevelt Trust Fund and Real Estate Excise Taxes. This project is idemified in the City's 1999
Biennial Budget and the City's Capital Improvements Plan.
7. RESEARCH SOURCES:
Agreed Order, Departmem of Ecology, authorized by Bremerton City Council on Sept. 8, 1999.
PROFESSIONAL SERVICES AGREEMENT
PARAMETRIX~ INC.
TI~IS AGREEMENT is between the City ofBremerton, a nnmLqtml corporation (h~
referred to as "City") and Parametrix, Inc. (hereinafter referred to as "Consultant").
WI TNE S S E TH:
1. SCOPE: The Consultant agrees to provide professional services to perform Site
Remediation and Schematic Design Services for the Evergreen Park Expansion as further descn~xt
in the Scope of Work, attached hereto and incorporated herein by this reference as Extfibit "A". The
project involves preparing the final design for soil remediation and park development.
As specified in the Agreed Order, the project will be completed in two Phases (refer
to Attachment "E" of the Agreed Order). To accommodate the Agreed Order, the Consultant's
scope of work is presented in two phases. Phase I will include demolition of the site smtctures and
the completion of engineering studies necessary to develop design criteria for remediation and park
construction. Phase II will include remedial actions as specified in the Agreed Order and park
design.
2. TERM: Contract shall commence on the date of this agreement and will terminate on
January 16, 2000, unless otherwise extended by the City.
3. COMPENSATION: City shall pay the Consultant compensation as follows:
Total fees under this Phase I Agreement shall not exceed One Hundred and Seventy Two
Thousand One Hundred and eighty-six_Dollars ($172,186.00). Charges for services shall conform
to the fee schedule attached hereto and incorporated as Exhibit "B".
The Consultant shall submit regular statements describing the services rendered with a
breakdown for work completed as authorized under this Agreement. The City, upon receipt of the
completed statement, shall promptly process said claim for payrnent.
If the description of services on the Proposal designates additional services which may be
requested by the City, said additional services will be paid for by the City at the rate set forth in the
Proposal, which sum may exceed the Amount to exceed amount set forth above. However, said
services will only be performed, and compensated by the City after the City has directed such
performance in writing.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant
is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and
PROFESSIONAL SERVICES AGREEMENT --1--
Pro-$erv. Agt - 5/6/99
responsibilities in the area of its particular field of expertise. The Consultant_ and its personnel shall
act as independent contractors and not employees ofthe City. As such they have no authority to bind
neither the City or control employees of the City, contractors, or other entities. Within the
performance of these duties, The Consuilant shall work under the direction of the Director of Parks
& Recreatio~
5. INDUSTRIAL INSURANCE: The Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSE AND TAXES: The Consultant shall possess a current Bremerton Business
License and any regulatory license required to fulfill the Consultant's obligations under this
Agreemem. B & O taxes shall be paid when due and the Consultant, by this Agreemem, assigns any
payments due under this Agreement to the City Clerk for payment of such taxes which have been
declared delinquent.
7. INSURANCE AND HOLD HARMLESS:
The Consultant shall provide professional liability or errors and omissions insurance and
comprehensive general liability insurance, including bodily injury and property damage, of at least
$500,000.00 per occurrence. The City shall be named an additional insured on the comprehensive
general liability insurance policy.
The Consultant shall, at all times, be solely responsible for the acts or failures to act of its
personnel which occur or arise in any way om of the performance of this agreement. The Consultant
agrees to defend and indernnil~, and hold harmless the City, its appointed and elected officers and
employees, fi:om and against any and all liability, loss, costs, damage, and expense, including costs
and attomey fees in defense thereof; because of actions, claims or lawsuits for damages resulting fi:om
personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have
been sustained by any person or persons, and on account of damage to property, arising or alleged
to have risen directly or indirectly out of or in consequence of the negligent performance of tiffs
Agreement, whether such injuries to persons or damage to property is due to the negligence of the
Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City.
8. GENERAL CONDITIONS:
a. Reports and Information - The Consultant, at such times and in such forms as the Ciw
may require, shall furnish the City such reasonable periodic reports and documents as k may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.
the Consultant will maintain accounting records in accordance with generally accepted accounting
principles and practices to substantiate all invoiced amounts.
PROFESSIONAL SERVICES AGREEMENT -2-
Pro-Serv. Agt - 5/6/99
b. Entire Agreement - This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, written or oral, that have not been
fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference
as part of this Agreement Exl~'bits "A", "B" and "C".
c. Amendments - The parties hereby further agree that this Agreement cannot be amended
or modified without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to the Consultam or the Consultant
to the City shall be in writing and delivered to the parties at the following addresses:
City Clerk
239 Fourth St.
Bremerton, WA
98337
Parametrix, Inc.
5700 Kitsap Way, Suite 202
Bremerton, WA 98312
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreemem shall not be deemed a waiver of such, nor shall any waiver or relinquishment of
such fight or power at any time be taken to be a waiver of any other breach.
f. Compliance with State, Local and Federal Laws - The Consultant agrees to comply with
applicable local, state and federal laws in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance
with the laws ofthe State of Washington an& in the event ofdispute, the venue of any action brought
hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: The Consultant shall not discriminate in employrnent or
services to the public on the basis of race, color, national origin,, sex, religion, age, marital stares or
disability, except employment actions based on a bona fide occupational qualification.
10. TERMINATION: This Agreement may be terminated by either party, for convenience
upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially
to perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the stares of all matters upon which the Consultant is advising the City
as of the effective date of termination.
PROFESSIONAL SERVICES AGREEMENT -3-
Pro-Serv. Agt - 5/6/99
3o
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
Date: BY:
PARAMETRIX, Inc.
Date:
CITY OF BREMERTON
BY:
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL:
CRIS GEARS, Director of Parks and Recreation
APPROVED AS TO FORM:
GLENNA MALANCA, City Attorney
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, CITY CLERK
PROFESSIONAL SERVICES AGREEMENT -4-
Pro-Serv. Agt - 5/6/99
EXHIBIT A
SCOPE OF WORK
EVERGREEN PARK EXPANSION PROJECT
SITE REMEDIATION AND SCHEMATIC DESIGN SERVICES
Parametrix will perform Design Services and Site Remediation for the Evergreen Park Expansion. The
project involves preparing the final design for soil remediation and park development. The remedial
actions are being performed under an Agreed Order with the Department of Ecology, while the park design
and construction elements are being performed under a grant f~om IAC and local contributions. T"nis scope
of work was prepared to meet the requirements and objectives of the Agreed Order and the IAC contract
for grant fimding.
As specified in the Agreed Order, the project will be completed in two Phases (refer to Attachmem E of the
Agreed Order). To accommodate the Agreed Order, Parametrix' scope of work is presented in two Phases.
Phase I will include demolition of site structures and the completion of engineering studies necessary to
develop design criteria for remediation and park construction. Phase 11 will include remedial actions as
specified in the Agreed Order and park design. Performance and compliance monitoring, which are also
specified in the Agreed Order will commence following construction of the park.
The Phase I Scope of Services is organized into five Elements of Work:
PROJECT ADMINISTRATION
PERMIT COORDINATION/MEETINGS
DEVELOPMENT OF SCHEMATIC PARK DESIGN
DEMOLITION/REMEDIATION PLANNING
ENGINEERING DESIGN REPORT
Each is discussed in detail in the following pages.
Phase 11 work elements are expected to include:
DESIGN OF INTERIM REMEDIAL ACTIONS
DESIGN OF INSTITUTIONAL CONTROLS
UST/SOIL/LNAPL REMEDIATION
GROUNDWATER STUDIES
SUPPLEMENTAL SURVEY AND MAPPING
PS&E FOR PARK EXPANSION
CONSTRUCTION SERVICES
The Phase 11 scope of services will be prepared at the completion of Phase I work elements. Performance
and Compliance Monitoring will commence following Phase 11. The Phase I schedule is provided as
Exhibit C.
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39.-
PROJECT ADMINISTRATION
This element of work provides for level of effort and expenses associated with Project Management
functions. Specific components of this work element will include resource allocation, contract
management, cost control, schedule maintenance, project planning and documentation, quality control,
subcontracting and subconsultant management and financial tracking and reporting.
Parametfix has established the following Tasks for this Element of Work:
TASK IA:
WORK PLAN DEVELOPMENT
Parametrix will prepare a project-planning document that identifies the requirements and responsibilities
for this project. The planning document will identify specific roles and responsibilities for execution of
each element of work. It will present project lines of communication and reporting responsibilities and
will discuss the engineering methods and standards and the' applicable, relevant, and appropriate
requirements for remedial action tasks.
The project-planning document will present detailed processes for the control and review of project
quality and establish a project-specific quality assurance program. The planning document will present
Standard Operating Procedures for the review of documents and the delivery of plans, specifications, and
estimates.
Assumptions:
The work plan will be prepared during the first two weeks following notice to
proceed.
Work Product(s):
Project Work Plan.
Cost: $3,494
TASK lB:
PROJECT MANAGEMENT AND COORDINATION
Parametrix Project Manager will provide direct access to the City of Bremerton for specific consultation
regarding the project scope, budget and schedule. This task will also provide for the necessaD:
management functions related to resource allocation, staff management, cost control, routine project
status reports, invoicing, record keeping, schedule maintenance and other related functions necessary, to
deliver this project and achieve project milestones. Under this task, Parametrix will develop line-item
invoicing to support the City's requests for allocation of grant funds.
Parametrix will require several subcontractors to complete specific project activities and meet the City's
goal for disadvantaged minoriW business participation. Subconsuitants are anticipated for safety, and
health monitoring, asbestos/lead-based paint assessment and abatement monitoring, and remedial
construction cost estimating. Additional subconsultants may be necessary based on progress of work and
conditions encountered during data gathering and remedial actions. Parametrix will require level of effort
and expense budget to implement subconsultant agreements, monitor subconsultant performance, process
subconsultant invoices and manage increased risk associated with subconsultant performance.
Assumptions:
Ci(y of Bremerton
Evergreen Site Remediation
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Time for Parametrix' Project Manager to manage and coordinate the
project.
Effort for clerical, graphics and word processing support.
352
PMX #83-/896-250V2)
August 1999
Work Product(s):
Cost:
·
$8,595
Parametrix assumes six (5) subconsultant agreements will be necessary.
during Phase I.
The Project Management scope of work may be modified after Phase I.
Routine telephone communications.
Client-requested documentation.
Subconsultant agreements
Invoices and monthly reports
Project scope, budget and schedule maintenance
TASK lC:
PROJECT SCOPING
Parametrix will prepare, as requested by the City supplemental scopes of work for completing Phase II or
other work. This supplemental scoping effort is necessary to develop accurate scope elements and cost
estimates for design, remedial action, and construction assistance tasks. The supplemental scoping effort
will also provide for the reassessment of Project Administration tasks.
Assumptions:
The prelimina~ engineering report is complete and the conceptual park plan has
been accepted by the City.
Project scoping will include one meeting ~vith the City, to review scope elements
and project expectations.
Work Product(si: ·
Draft and Final Scope of Work for Phase II.
Phase II budget estimate.
· Phase II schedule.
Cost: $2.327
PERMIT C OORDNIATION/MEETINGS
This element of work provides for project meetings with the City and stakeholders; review and
coordination of project permits, and biological and archeological studies.
TASK 2A: MEETINGS
Parametrix will conduct bi-weekly meetings with the City and project stakeholders to discuss project
status, review schedule and budget concerns, and develop consensus for decisions required for design and
implementation of work elements. Meetings will be attended by Parametrix Project Manager and key
design team personnel including, QA/QC managers, Project Principal, Engineer of Record, and technical
staff as appropriate for agenda topics.
City of Bremerton
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Parametrix will also support and attend, as requested by the City, commissioner meetings, council
sessions, Depa,unent of Ecology consultations, and special meetings held to communicate project
activities to the public or special interest groups.
Assumptions:
Parametrix will conduct bi-weekly meetings during Phase I. For costing
purposes, we assume 8 meetings. Parametdx assumes an average of three
(3) project staffwill attend meetings.
Parametfix will attend two (2) meetings involving city council, Park
Commissioners, the Department of Ecology, or special interest groups.
Parametrix will prepare and present graphics and informational packages
for these meetings. We assume two (2) project stuff will attend these
meetings and that all meetings will occur in Kitsap County.
Meeting effort includes preparation, meeting-attendance and responding
to action items.
Work Product(s): ·
Meeting agendas.
· Meeting minutes.
· Graphics.
Informational handouts.
Cost: $6,828
TASK 2B:
PERMIT REVIEW/BIOLOGICAL ASSESSMENT
Parametrix will review permit requirements related to Park construction and prepare recommendations
regarding necessary permit applications. We will provide assistance to the City in coordinating
substantive requirements with the Department of Ecology or other regulatory authorities. Parametrix will
perform this work to meet the substantive requirements as specified in the Agreed Order. This will
assisting the City in determining additional permitting requirements not specified in the Order and consult
with Ecology regarding additional requirements.
Parametrix will also prepare a Biological Assessment to meet requirements for the Endangered Species
Act. The Biological Assessment will utilize information contained in the SEPA Checklist and
Engineering Design Report. Parametrix will initiate informal consultation with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMSF). Updated lists of threatened,
endangered, proposed and candidate species occurring in the area will be compiled from this consultation.
Parametrix shall also request Priority Habitats and Species database information from the Washington
Department of Fish and Wildlife (WDFW), and Washington State Department of Natural Resources
(DNR), in particular, any recent activity involving bald eagle nesting in the area.
The Biological Assessment will address those species listed in the EIS and several fish species which
were recently listed in the Endangered Species Act including, but not limited to Coho salmon, Chinook
salmon, chum salmon, sea-run cutthroat, and bull trout. The Biological Assessment will conclude with a
report that identifies potential impacts to listed species and provides alternatives for mitigation of the
identified impacts.
City of Bremerton
Evergreen Site Remediation
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4
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Assumptions:
· Grading and site development permits will be deferred to the constmction/remediation
contractors.
· The SEPA process has resulted in a determination of non-significance.
· Two (2) meetings with regulators to discuss applicability of shoreline, HPA,
DNR, or other potentially applicable permits.
Required permit applications will be prepared under Phase II.
Work Product(s):
· Up to two technical memoranda and associated graphics as necessary to support
permit agency requirements.
Biological Assessment for the project area.
Cost: $12,506
TASK 2C:
ARCHEOLOGICAI_~ANTHROPOLOGICAL SURVEY
Because of recent findings of artifacts in Evergreen Park Phase I, Parametrix will coordinate and direct,
as needed, an Archeological Survey of artifacts or features encountered during intrusive activities at the
site. Survey activity will be coordinated with local tribal representatives and performed by an
experienced subconsultant.
Assumptions:
Archeological services will be provided by a subconsultant.
Work Product(s):
To be determined in supplemental scope of work based on need for archeological
services.
Cost: $5,000
SCHEMATIC PARK DESIGN
This element of work provides for the development of the conceptual park setting, inte~ation with the
grading, drainage and utilities team to develop preliminary or schematic designs for the park. The scope
of work presented below provides for effort through the completion of the preliminary design described in
Task 5C. The scope and cost for interim and final design sets, construction documents, estimates, and
construction support services will be identified in a supplemental scope of work.
TASK 3A:
PROGRAM REVIEW AND DEVELOPMENT
Parametrix will review master plan documents, and meet with City staff to confirm and clari~ the
existing program. As appropriate, we will modify, and/or add to program elements. Parametrix will then
synthesize existing and new information into a pro,am summary with options and early priorities.
Assumptions: Work will include review of readily available documents, and a half-day
workshop with City staff.
City of Brernerton
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PMX ~3-1896-25(W2)
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Work Product(s): ·
Program memorandum incorporating design history and updated project
needs.
Technical memorandum identifying approximate square foot costs for
generic program elements
Cost: $1,443
TASK 3B:
SITE INVENTORY AND ANALYSIS
Parametrix will identify site opportunities and constraints including views, access, parking, off-site land
uses, existing vegetation, site history, and expected site constraints related to mitigation requirements.
We will synthesize this information and develop an opportunities and constraints analysis. This analysis
will determine the site's capability for locating identified program elements.
Assumptions: ·
Preliminary site analysis will focus on aboveground features.
Future information developed with continuing site investigation for
Mitigation design may alter inventory and analysis f'mdings.
Base mapping is prepared under Task 3A.
Work Product(s): ·
Summary opportunity, and constraint diagram.
Summary. opportunity and constraint memorandum.
Cost: $1.680
TASK 3C:
SCHEMATIC DESIGN ALTERNATIVES
Parametrix will prepare up to three schematic design alternatives in response to site capabilities and
program needs. Schematic designs will include general layout of site features, rough grading concepts and
surface treatments, and section and elevation drawings to communicate the general "look and feel" of
project elements. Each alternative will also include preliminary opinions of probable cost. A schematic
design report will be prepared describing alternative rationales, and evaluating the benefits/concerns of
each alternative. The schematic design report will also include preliminary opinions of probable cost and
an outline specification to begin describing the materials and construction methods for the project.
Assumptions: · Schematic designs will be presented to City staff in one, half-day
workshop
Following a period of review by City staff, a separate half-day workshop
will be conducted during which a consensus-preferred alternative will be
chosen, or one of the schematic designs will be modified
Schematic designs will provide the basis for the preliminary engineering
plans to be developed under Task 3D.
Work Product(s):
Technical Memorandum identifying design criteria that will be incorporated into
the preliminary engineering plans developed under Task 3D.
Cost:
city of Bremerton
Evergreen Site Remediation
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$4,304
PMX #83-1896-25(W2)
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TASK 3D:
PREFERRED SCHEMATIC DESIGN
Parametrix will formalize the schematic design chosen in the half-day workshop with City staff. We will
develop a set of scaled graphics that accurately describe the concept and give a sense of the schematic
design's overall character. The grading concept will be developed to include all landforms, basic
drainage concepts and areas with ADA access. Site structures, paved areas, walkways and parking areas
will be located, and we will also begin to note the nature and locations of site furnishings. We will begin
to indicate specific planting areas. Additionally, we will coordinate with the project wetland biologist
regarding appropriate planting for areas along the Smith Cove shoreline.
Assumptions: ·
Schematic design drawing set, including plans, sections and election
drawings.
Final schematic design report describing the selected alternative, as well
as the original alternatives developed for selection.
Updated preliminary opinion of probable cost and an outline tailored to
the selected schematic alternative.
Work Product(s):
Drawings for the preferred schematic design will be color renderings suitable for
public meetings or promotional activities.
Cost: $4,620
DEMOLITION/REMEDIATION PLANNING
This element of work provides for data gathering and preparation of plans for removal of structures
(above ground and below ground.
TASK 4A:
HEALTH AND SAFETY ADDENDA
Parametrix and required subconsultants will conduct a review of existing site conditions and proposed
work elements to identify, safety, and health risks associated with project activities involving Parametrix
and subconsultant personnel. Parametrix and subconsultants will prepare addenda to the existing RI/IrS
health and safety, plan prepared by Exponent. The addenda will identify, task specific work practices
involving potential hazardous conditions.
Assumptions: ·
Health and safety addenda will apply solely to Parametrix and
subconsultant personnel. The addenda will not specify, safety and health
requirements for contractors, City personnel, and other project
stakeholders.
An independent health and safety plan is not required for the project.
Work Product(s): ·
Three (3) Health and Safety Plan addenda.
Cost:
$2,275
City of Bremerton
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7
PMX ~83-1896-25
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TASK 4B:
SAMPLING AND ANALYSIS PLANS
Parametrix will prepare a task-specific addendum to the RI/FS sampling and analysis plan prepared by
Exponent. The addenda will identify sampling objectives, measurement criteria, and sample collection
and analysis methods and requirements. The addenda will be applicable to UST assessment and
demolition activities.
Assumptions:
Parametrix will prepare two (2) addenda.
Addenda will be submitted to the City for approval.
Work Product(s): Two (2) Sampling and Analysis Plan addenda.
Cost: $2,03 8
TASK 4C:
ASBESTOS/LEAD-BASED PAINT
Parametrix will provide for the identification and quantification of asbestos containing material (ACM)
within the five buildings scheduled for demolition. The surveys will be compliant with 40 CFR 763.86,
Regulation III, Article 4, of the Puget Sound Air Pollution Control Agency (PSAPCA) and WAC 296-62-
077.21. All survey work shall be completed by an AHERA Building Inspector with current certification.
Inspections shall include bulk sampling and analysis of suspect ACM, as well as, visual assessments to
quantify materials previously tested and presumed to be ACM.
Parametrix will conduct destructive testing of representative building materials for lead using TCLP
protocols. Should building materials exceed lead disposal thresholds (5 mg/kg), Parametrix will provide
lead-based paint testing in accordance with Housing and Urban Development (HUD) regulations to
identify and quantify lead-based paint in each structure. This work will provide information necessary to
complete lead abatement prior to removal and disposal of building materials.
Parametrix will assist the City in the review of abatement contractor submittals and abatement contractor
performance, including conducting abatemem clearance inspections.
Assumptions:
Asbestos surveys will require forty-eight (48) samples per structure for
five structures.
· No lead-based paint abatement will be required for this project.
The City will provide ready access to the buildings for the purpose of
conducting survey and abatement activities.
Abatement work will be conducted following a performance-based
specification. Plan sheets will not be required.
Work Product(s): *
Asbestos survey reports that identify the type and location of ACM
identified in each structure. The survey reports will also contain
quantity estimates and an estimate of probable abatement costs.
Asbestos abatement specifications for inclusion in Demolition Bid
package.
City of Brernerton
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P,V~Y i~3-1896-25 (W2)
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· Technical memoranda summarizing the review of contractor submittals
and the results of clearance inspections.
Cost: $17,436.
TASK 4D: BUIlJBING DEMOLITION
Parametfix will prepare plans, specifications, and estimates for the demolition, removal, and disposal of
buildings and above grade features including the former tank stand and fuel pier. Parametrix will also
prepare a temporary erosion and sediment control plan for demolition activities. Parametrix will provide
bidding assistance and engineering support during demolition as requested by the City.
Assumptions: * Demolition will require 8 plan sheets and specifications.
· A temporary erosion and sediment control plan will be required.
· The City will competitively procure a demolition contractor.
· Demolition will occur in a single mobilization and single bidding
process.
WorkProduct(s): · 90% bid package including PS&E and TESC for City review.
· Final bid package with PS&E and TESC.
· Field notes from demolition support activities.
· Up to four (4) technical memoranda discussing the adequacy of
contractor submittals and/or contractor change order requests.
· Twenty-four (24) total labor hours for demolition support and bidding
assistance.
Cost: $17,565.
TASK 4E:
UST REMOVAL PLANS
Parametrix will directly contract for the completion of a ground-penetrating radar (GPR) survey to map
the location and approximate configuration of USTs and associated appurtenances. The information
gathered during the GPR survey will provide the basis for developing sampling approaches and removal
specifications and identify the location of subgrade features to be considered during utility and drainage
design. As necessary to support preliminary engineering activities, the GPR survey may be extended to
locate subgrade utilities.
Parametrix will conduct sampling and assessment of UST contents. Samples of liquid, sludge, or solid
material will be collected from each tank for chemical analysis. Tank content analysis is necessary to
properly characterize the contents for disposal and to validate health and safety requirements for removal.
Parametrix will prepare plans for removing USTs. Draft plans will be submitted to the City for review
and final plans will be included in the Engineering Design Report. Final plans will provide the basis for
bidding documents for UST removal contractors.
City of Bremerton PM,'(g83-1896-25(W2)
Evergreen Site Remediation 9 August 1999
draftscopeofworkrev4.doc 40
Assumptions:
Work Product(s): ·
Cost: $22,527
The GPR Survey will require 3 days in the field to complete. One
additional day has been budgeted to support utility mapping.
The GPR Survey will map only the location of the 8 USTs identified in
the Interim Action Work Plan and Engineering Design Report, the
submarine, and the submarine tender. Additional tanks are not accounted
for in this effort.
Locations identified during the GPR Survey will be located by a
surveyor and added to the base map prepared under Task SA.
Parametrix will collect one sample per UST for waste characterization.
UST contents can be sampled through existing tank access ports with
hand held equipment. Removal of asphalt and concrete surfaces or
cutting of the UST is not required.
GPR Survey report describing the methods and findings, including
estimated tank volumes, orientation, piping connections, and depth.
Updated base map containing surveyed tank locations.
A data report presenting the findings of sampling and analysis of tank
contents.
Draft and final UST removal plan.
ENGINEERING DESIGN REPORT
This element of work includes engineering study and design services necessary, to support remedial
actions and develop design criteria for grading (including cap construction), drainage, and utilities. The
work described in this element is considered directly related to remedial actions at the site. The scope
and cost for interim and final designs and PS&E will be identified in a supplemental scope of work.
TASK SA:
SURVEY AND BASE MAP DEVELOPMENT
Parametrix will map the Bream-Air, Lofthus and Puget Power Sites and add to the existing mapping of
the Evergreen Park and City Depot sites. Recent improvements at these two sites will be incorporated
into the existing mapping from as-built plans or design plans. Mapping would extend approximately 25
feet beyond the 'Limits of Expansion' line shown in the "Interim Action Work Plan and Engineering
Design Report" to allow for sufficient overlap for design considerations. Parametrix will complete base
mapping prior to demolition. Additional survey work is described and included in the cost of other
specific subtasks.
Parametrix' base map will include:
City of Bremerton
Evergreen Site Remediation 4 I
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PM~ #83-1896-25(W2)
10 August 1999
· topography.
· outline of vegetated areas.
· manmade features - buildings, roads, sidewalks, etc.
· surface utility features - valves, telephone risers, etc.
· painted underground locate marks - locates to be arranged by others prior to survey.
· underground utility lines as determined from as-built plans, GPR survey and field survey.
· invert measurements for manholes and catch basins.
· property, boundary
· easements of record
· apparent low and high tide lines
Parametrix will also develop a boundary determination for the recently acquired properties. We will use
research documentation provided by the City or County Recorder that includes:
· recorded surveys
· GIS graphics
· right-of-way maps
· plat maps
· title reports
· field-tie street monuments
· calculate boundary
· draft onto base map
· plot easements
Assumptions: ·
Ci~' to clear and cut heavy, vegetation prior to survey.
Title reports to be provided by the City.
Under~ound utilitw locates provided by a private locator
Rights of Entry arranged by the City..
No boundam, comers will be set or recorded under this scope.
Work Product(sd:
AutoCAD Version 14 base map in electronic and hard copy with a 2 foot contour
interval at a scale of 1"=50'.
Cost: $14,3 2 9
TASK 5B:
ENGINEERING DESIGN REPORT
Parametrix will investigate site conditions relative to grading, drainage and utilities and prepare an
Engineering Design Report. The report will document engineering requirements and design criteria for
development of the cap, shoreline controls, and the park. The report will provide the basis for the final
design that will meet or exceed minimum requirements for utilities and other infrastructure
improvements. Information obtained during the building demolition and tank removal will be
supplemented with a Geotechnical investigation of soil/fill properties.
Parametrix will contact local utility providers to coordinate utility locations and disconnects. This will
include meeting with utility representatives to coordinate any relocation or new utility construction
requirements.
City of Bremerton
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PMX #83-1896-25 (W2)
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Parametrix will perform a detailed site drainage analysis (predevelopment condition and post
development conditions) that will include an evaluation of the existing stormwater system along Sheldon
Boulevard. The report will identify the stormwater facilities needed for the new park, including new
permanent BMP's, to be accommodated in the cap design and general site improvement. The report will
outline specific requirements for improvements adhering to the Bremerton Municipal Code (BMC),
standard specifications and details, shoreline master plan, UBC, UFC, and UDCS.
The design alternatives and criteria identified in the report will be used by the landscape architect in
coordination with the engineer for schematic park design.
Assumptions:
The City will provide existing information on utilities including as-builts,
previous studies and reports (i.e. Soil reports, investigations, site
assessments, etc).
Parametrix will prepare one edition of Design Report for City review.
City review comments will be incorporated into the preliminary design
prepared under Task 5C.
The City will provide copies of all applicable City. codes and permit
requirements for design and construction.
The CRv will establish the limits and extent of the improvements.
Geotechnical assessments of six proposed construction locations.
Work Product(sd:
Parametrix will provide 5 copies of the draft Engineering Design Report to the
Ci~'.
Parametrix will provide t 0 copies of the final report.
Cost: $32,248
TASK 5C:
PRELIMINARY GRADING, DRAINAGE, and UTILITY PLANS
This effort will present a level of detail that will allow the City. to review the plans for general civil
improvements such as cap design, utili¢' layout, curb and gutter, parking lots, site entrances, site grading.
retaining walls, stormwater facilities, amphitheater, restrooms, and general park improvements.
Parametrix will prepare a preliminary plan set that will incorporate the schematic park design elements
prepared in Task 3D.
Assumptions:
Preliminary. plans will consist of six (6) sheets.
Preliminary. plans will incorporate comments from the City and
Depmxment of Ecology on the Engineering Design Report.
Work Product(s):
10 copies of the preliminary plans presented on 24x36-inch plots.
Cost: $12,973
City of Breraerton
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EXHIBIT B
COST ESTIMATE
PROJECT ADMINISTRATION
Task lA: Work Plan Development $ 3,494 $
Task lB: Project Management $ 8,595 $
Task lC: Project Scoping $ 2,327 $
TOTAL FOR PROJECT ADMINISTRATION $ 14,416 $
3,318 $ - $ 176
8,330 $ - $ 265
2,316 $ - $ 11
13,964 $ $ 452
PERMIT COORDINATION/MEETINGS
Task 2A: Meetings $ 6,828 $
Task 2B: Permit Coordination/Biological Assessment $ 12,506 $
Task 2C: Archeological/Anthropological Survey $ 5,000 $
TOTAL FOR PERMIT COORDINATION/MEETINGS $ 24,334 $
6,498 $ $ 33O
12,405 $ $ 101
500 $ 4,500 $
19,403 $ 4,500 $ 431
DEVELOPMENT OF SCHEMATIC PARK DESIGN
Task 3A: Program Review and Development $ 1,443 $
Task 3B: Site Inventory and Analysis $ 1,680 $
Task 3C: Schematic Design Altematives $ 4,304 $
Task 3D: Preferred Schematic Park Design $ 4,620 $
TOTAL FOR TASK4 $ 12,046 $
1,331 $ $ 112
1,568 $ $ 112
4,265 $ $ 39
4,543 $ $ 77
11,707 $ $ 339
DEMOLITIONIREMEDIATION PLANNING
Task 4A: Health and Safety Planning
Task 4B: Sampling and Analysis Plans
Task 4C: Asbestos/Lead-Based Paint
Task 4D: Building Demolition
Task 4E: UST Removal Plans
$ 2,275 $ 1,450 $ 792 $ 33
$ 2,038 $ 2,027 $ $ 11
$ 17,436 $ 4,553 $ 11,201 $ 1,683
$ 17,565 $ 16,932 $ $ 633
$ 22,527 $ 10,463 $ 6,930 $ 5,134
TOTAL FOR DEMOLITION/REMEDIATION $ 61,840 $ 35,424 $ 18,923 $ 7,494
ENGINEERING DESIGN REPORT
Task 5A: Survey and Base Map Development $ 14,329 $
Task 5B: Engineering Design Report $ 32,248 $
Task 5C: Schematic Engineering Design $ 12,973 $
TOTAL FOR ENGINEERING DESIGN REPORT $ 59,551 $
13,088 $ 1,100 $ 141
24,537 $ 7,425 $ 286
12,506 $ $ 468
50,131 $ 8,525 $ 895
TOTAL
$ 172,186 $ 130,627 $ 31,948 $ 9,611
City of Bremerton
Evergreen Park
Comprehensive scope of work rev 2. xlsTask Totals
PMX #83-1896-25(W2)
August 11, 1999
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJE~: Manette Hayfield
Renovation IAC-YAF Grant
Agreement
FOR AGENDA OF: September 29, 1999
ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: JoAnne Wroblewski, Ass't Director
DATE SUBMITTED: Sept. 21, 1999
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has been awarded a $62,500 grant from the Interagency Committee for Outdoor Recreation (Youth
Athletic Facilities). In order to receive the funding the Mayor must enter into a standard Project Agreement
with the IAC. This funding is being matched by a C.D.B.G. gram of $62,500 for a total project expenditure
of $125,000 to renovate Manette Hayfield.
The renovation includes grading, installing a drainage system and an irrigation system, and installing turf.
This is a project that has been long awaited by area residents, the PeeWee sports organization, and many
soccer players. This is one of the Ciw's few lighted fields and is used heavily, in spite of its poor condition.
8. RECOMMENDATION:
Motion: To authorize the Mayor to sign the 1AC Project Agreement for the Manette Pla,~eld
Renovation Grant.
RESPONSIBLE OFFICIAL: Cris Gears
ENFORCEMENT OFFICIAL: Cris Gears
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL #:
2. CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
The City will not be able to accept the IAC grant and will be unable to complete the project.
This could also jeopardize the Community Developmem Block Grant funding, and future IAC
funding for the Warren Avenue Renovation Project.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
This renovation will not significantly impact staffing, maintenance and operations activities.
There will be an increase in water usage and mowing. However, the Department can absorb
these costs within its current budget.
7. RESEARCH SOURCES:
YAF Project Agreement
Youth Athletic Facility Grant Account
Project Sponsor:
Project Title:
Bremerton Parks & Rec Dept
Manette Playfield Renovation
Project Number: 99-1205D
lAC Approval Date: 7/16/1999
Ao
PARTIES OF THE AGREEMENT
This project Grant Agreement (Agreement) is entered into between the Interagency Committee for
Outdoor Recreation (lAC), P.O. Box 40917, Olympia, Washington 98504-0917 and Bremerton Parks &
Rec Dept, 680 Lebo Blvd, Bremerton, WA 98310 (Project Sponsor) and shall be binding upon the agents
and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic
Facility Grant Account of the State of Washington's General Fund. The grant is made by the Interagency
Committee for Outdoor Recreation to the Project Sponsor, for the project named above.
C. DESCRIPTION OF PROJECT
The subject project is described on the attached Project Summary.
D. TERMS OF AGREEMENT
The Project Sponsor must insure that the facility developed, improved, and/or maintained through the
Youth Athletic Facilities Account funding identified in the Project Agreement is made available for public
youth and/or community athletics for a minimum of twenty (20) years from the date of project completion.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on September 1, 1999 and end on December 10, 1 999.
No expenditure made before or after this period is eligible for reimbursement unless incorporated by
wdtten amendment into this Agreement.
F. PROJECT FUNDING
The total grant award provided by lAC for this project shall not exceed $62,500. lAC shall not pay any
amount beyond that approved for funding of the project. The Project Sponsor shall be responsible for all
total project costs that exceed this amount. The contnbution by the Project Sponsor toward work on this
project at a minimum shall be as indicated below:
Percentage
lAC - YAF - MAINT 50%
Project Sponsor 50%
Total Project Cost 100%
Dollar Amount
$62,500
$62,5OO
$125,000
RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities
Report, and the General Provisions.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed by
IAC's Director.
The Project Sponsor has read, fully understands and agrees to be bound by allterms and conditions as
set forth in these documents.
YAF Project Agreement
Chapter 43.51 RCW, Chapter 286 WAC
PROJAGR1 .RPT
Youth Athletic Facility Grant Account
Page 1 of 2
COMPLIANCE WITH APPL,.,...~BLE STATUTES, RULES, AND lAC POI_:_~E.W
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws
and the provisions of Chapter 43.51 RCW, Chapter 286 WAC and published agency policies, which are
incorporated herein by this reference as if fully set forth.
ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS;
The Project Sponsor must insure that the facility acquired, developed, improved, and/or maintained through
the Youth Athletic Facilities Account funding identified in this Project Agreement is made available for public
youth and/or community athletics for a minimum of twenty (20) years from the date of project completion.
Project Completion begins at IAC's issuance of final reimbursement.
Jo
Should the facility become unavailable for public youth and/or community athletic use during this 20 year
period, except as provided for in Section 18 (e), lAC requires the project sponsor to replace all entirely or
partially funded project elements within this agreement.
PROJECT GRANT AGREEMENT REPRESENTATIVE
All wdtten communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Project Sponsor
Name: Jodi Wroblewski
Title: Project Manager
Address: 239 4th
Bremerton, WA
98310
lAC
Interagency Committee for Outdoor Recreation
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.wa.gov/iac
Ko
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
ENTIRE AGREEMENT
This agreement, along with all attachments, constitutes the entire agreement of the par'des. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DA TE
This agreement shall be effective upon signing by all parties.
STATE OF WASHINGTON
INTERAGE~ICY COMMITTEE FOR OUTDOOR RECREATION
BY:
Laura Eckert Johnson, Director
PROJECT SPONSOR
BY:
DATE:
TITLE:
Pre-approved as to form by the state Assistant Attorney General
YAF Project Agreement
Youth Athletic Facility Grant Account
Chapter 43.51 RCW, Chapter 286 WAC
PROJAGR2.RPT
Page 2 of 2
~ ¢~i~ ~
~i RECRERTION
Youth Athletic Facilities
Maintenance Category
Post-Evaluation Project Summary
TITLE:
SPONSOR:
Manette Playfield Renovation
Bremerton Parks & Rec Dept
COSTS:
lAC - YAF - MAINT $62,500.00 50%
Local $62,500.00 50%
Total ~ 125,000.00 100%
NUMBER: 99-1205D
STATUS: Committee Funded
EVALUATION SCORE:
COMMITTEE RANKING:
46.1.429
1 of 13
SPONSOR MATCH:
Federal Grant
(Development)
DESCRIPTION:
Install a drainage system including a sand cap and sand sod surface. Install an irrigation system. Reinstall the
backstop.
LOCATION INFORMATION:
Within Bremerton City limits in Kitsap County
YAF GROUP:
COUNTY:
North Olympic Group
Kitsap
SCOPE (ELEMENTS):
Architectural & Engineering
Athletic Fields
Landscaping Sales Tax
Roads Utilities
FISCAL YEAR: 2000 i DATE PRINTED: September 1, 1999
1PAPSUM2.RPT Manette Playfield Renovation
Project Sponsor:
Project Title:
Eligible Reimbursement Activities Report
Bremerton Parks & Rec Dept
Manette Playfield Renovation
Project Number:
lAC Approval:
99-1205 D
7/16/1999
Development Project:
Element
Item
Unit
Quantity Description
Architectural & Engineering
AUqletic Fields
Landscaping
Landscaping
Landscaping
Landscaping
Roads
Sales Tax
UfiliUes
Utilities
A & E development
Multipurpose - natural turf
Drainage system
Irrigation - automatic for turflplayfield
Soil amenities
Top soil/mulch
Roads - asphaltic concrete
Sales Tax
General service connection
Water meter
Lump Sum
Sq Ft
Lump sum
Acres
Lump sum
Yds
Linear Ft
Lump Sum
Lump sum
Lump sum
1.00
42,500.00
1.00
170' x 250'
underground perforated 4"
pipe on 15' centers
42,500.00
1.00 fertilizer
1,600.00 12" sand layer for sod
1.00 restoration
1.00
1.00 for water
1.00 water meter
ELIGREIM.RPT September 1, 1999 Page: I
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Agency Name
Interagency Committee for Outdoor Recreation
P.O. Box 4091
Olympia, WA 98504-0917
Sponsor
Bremerton Parks & Rec Dept
680 Lebo Blvd
Bremerton, WA 98310
FORM-A-19 State of Washington
INVOICE VOUCHER
Soonsor's Cerlificate. I hef~oy certify un,er penalty of perjury that the items and totals listed
harem are proper changes for materials, merchandise or set,cas furnished an~or servmas
furnished to the State of Washington. and that all goods fumist~ed an~or serv~cas ren0erec~
~ave been provided w~thout discrimination because of age. sex. marital status, race. cree~.
c~or. national ongin, handicaD. refigion or Vietnam or disal~led veterans s~3tus.
BY
(TITLE) (DATE)
Project Number 99-1205 D I Invoice 7~ I Billing Pedod [This
is
Final
a
Billing?
Project Name Manette Playfietd Renovation / I i From:
To: lyes[] No[ ]
Project Costs For This Billing
CATEGORIES: Agreemen~t" Expenditure~s Donations Total
Development ~
Construction
A&E _ $25,000
TOTAL~ $125,000 ~
Sponsor: 50.00% $62,500 Total Billed
lAC Federal: lAC Share Billed
lAC: YAF- MAINT 50.00% $62,500 tAC Share Approved
lAC: Advance Balance
Agreement Total 100.00% $125,000 Match Owed Balance
lAC Share Retained
lAC Share Paid
Donation Bank
5029 B550 99-1205 Di
210 818 960 ff0203 NZ 5029 1
NZ 5029
NZ 5029
Project ManageflDate Release Final Prat [ ] Division Sup~flDate Accounting/Date
INVOICE1.RPT 9/1/1999 Current Funding
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
lAC Project Manager:
99-1205 D
Manette Playfield Renovation
Bremerton Parks & Rec Dept
Kammie Buries
Project Start 09/01/1999 A&E commenced in July 1999
Plans & Specs Reviewed by lAC 09/01/1999 submitted and approved
Bid Awarded 10/20/1999
! Construction Started 11/01/1999
Project Complete 12/10/1999
Final Docs & Billing to lAC 01/10/2000
-- Milestone Complete
Critical Milestone
1MILESTO.RPT September 01, 1999 Page: I
JULY 29, 1999 ~-- Gefleral Pm'msions-1
Project Agreement
General Provisions
Table of Contents
Page
Headings, Definitions, and Framework of Agreement ........................................................ 3
Performance and Requirements - General ~bilities
4.
5.
6,
7,
8.
9.
Performance by Sponsor ............................................................................................... 4
Restrictions on Assignment ........................................................................................... 4
Responsibility for Project ............................................................................................... 4
Independent Capacity of the Sponsor ............................................................................. 4
Compliance with Applicable Law .................................................................................... 5
Conflict of Interest ....................................................................................................... 5
Requirements of the National Park Service ....................................................................... 5
Acknowledgments and Signs ......................................................................................... 5
Funding, Reimbursements, Records, and Inspections
10.
12.
13.
14.
Project Funding ............................................................................................................ 6
Project Reimbursements ................................................................................................ 6
Non-availability of Funds ............................................................................................... 6
Records and Reports ..................................................................................................... 6
Authority to inspect/Right of Entry ................................................................................. 7
Do
Acquisition and/or Development - Methods and Requirements
15.
16.
17.
Provisions Applying to Acquisition Projects ...................................................................... 7
Provisions Applying to Development Projects ................................................................... 7
Hazardous Substances .................................................................................................. 8
JuLY 29,1999
General
Facility Uses and Fees
18.
19.
20.
21.
Restriction on Conversion of Facility to Other Uses ........................................................... 9
Construction, Operation, Use and Maintenance of Assisted Projects .................................... 9
Income, Income Use ................................................................................................... 10
Preferences for Users .................................................................................................. 10
Fo
Special Provisions
22.
23.
Provisions Related to Nonprofit Sponsors ....................................................................... 11
Liability Insurance Requirements for Firearm Range Sponsors ........................................... 11
Remedies and Disputes
24.
25.
26.
27.
28.
29.
30.
Waiver of Default .................. .' .................................................................................... 11
Application Representations - Misrepresentations or Inaccuracy or Breach ......................... 12.
Indemnity ..................................................................................................................12
Termination and Other Remedies .................................................................................. 12
Disputes .................................................................................................................... 12
Governing Law/Venue ................................................................................................. 13
Severabilit¥ ........................................................................ ~ ...................................... 13
JL,*I.Y 29, 1999 - - General pro--ions-3
Section 1: Headings, Definitions, and Framework of Agreement
(A) Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
(B) Definitions.
Acquisition ~ The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or
less than fee interests in real property.
Agreement - The accord accePted by all parties to the present transaction; the Project Agreement,
supplemental agreement, and/or intergovernmental agreement between lAC and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for
submission of an application soliciting a grant of funds from lAC.
Application - The forms approved by IAC's board or its Director for use by applicants in soliciting project
funds administered b~. lAC.
Board {lAC) - The committee created under RCW 43.99.110 includes eight members. Three are agency
heads: the Commissioner of Public Lands, the Director of Parks and Recreation, and the Director of Fish
and Wildlife {or their designees). Five, by appointment of the Governor with the advice and consent of
the Senate, 'are members of the public at large who have demonstrated interest in and a general
knowledge of outdoor recreation in the state.
Development - The construction of facilities to enhance outdoor recreation or habitat conservation
resources.
Director - IAC's Director or the Director's designee.
Interagency Committee for Outdoor Recreation (lAC) - The Executive branch state agency, including a
board, Director, and personnel, created by RCW 43.99.110 and 43.99.130.
(C)
Project - The undertaking that is the subject of this agreement and that is, or may be, funded in whole or
in part with funds administered by lAC.
Project Summary - One of the document formats approved by IAC's board or Director for use by
applicants in soliciting project funds.
Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed Project
Agreement; includes its officers, employees and agents.
Framework of Agreement. This Agreement provides for the orderly completion of the proposal contained
in the'Sponsor's application for public funds administered by lAC. In summary, it provides the following
guidance:
(1) Timeliness. For the Sponsor to undertake and complete the Project in a timely manner, in
accordance with the approved Project proposal and applicable laws;
(2)
Reimbursements. For lAC to provide reimbursement to the Sponsor for eligible Project-costs.
Sponsor reimbursement requests shall be made not more than more than once monthly and not less
than yearly, in accordance with lAC format and policy;
(3) Recognition. For the Sponsor to provide acknowledgment of IAC's funding contribution, through
signs, written recognition in printed materials, and/or in dedication ceremonies;
,JULY 29, 1999
General Provi~ons~
(4)
Public use & inspections. For the dedication of the area or facility to the described public use and
purposes, [including a deed-of-right where applicable], and to permit regular inspection by lAC; and
(5) Other obligations & remedies. Sets-forth obligations and remedies.
Section 2: Performance by Sponsor
The Sponsor shall undertake the Project as described in this Agreement, on the Project Summary, in the
Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in the
application or documents submitted with the application, all as finally approved by lAC. All submitted
documents are incorporated by this reference as if fully set forth herein.
Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material
breach of the Agreement.
Section 3: Restriction on Assignment
The Sponsor shall not.assign thi~ Agreement, or the performance of any obligations to lAC under this
Agreement, or any claim against lAC it ma~ have under this Agreement, without the express written consent of
the Director.
Section 4: Responsibility for Project
While lAC undertakes to assist the Sponsor with the Project by providing a grant pursuant to this Agreement,
the Project itself remains the sole responsibility of the Sponsor. lAC undertakes no responsibilities to the
Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the
design, development, construction, implementation, operation and maintenance of the Project, as those phases
are applicable to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any
nature by any third party related in any way to the Project.
The Sponsor shall defend at its own cost any and all claims or suits at law or in equity which may be brought
against the Sponsor in connection with the Project. The Sponsor shall not look to lAC, including any of IAC's
employees or agents, for any performance, assistance, or any payment or indemnity, including but' not limited
to cost of defense and/or e. ttorneys' fees, in connection with any claim or lawsuit brought by any third party
related in any way to the Project, including but not limited to, its design, development, construction,
implementation, operation and/or maintenance. _
Section 5: Independent Capac~y Of The Sponsor
The Sponsor and his or her employees or agents performing under this Agreement are not employees or agents of
tAC. The Sponsor will not hold himself/herself out as nor claim to be an officer or employee of lAC or of the state of
Washington by reason hereof, nor will the Sponsor make any claim of dght, privilege or benefit which would accrue
to an employee under Chapter 41.06 RCW or Chapter 28B.16 RCW.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any
kind.
Section 6: Compliance with Applicable Law
The Sponsor will comply .with, and lAC is not responsible for determining compliance with, all applicable
federal, state, and local laws, regulations, and policies, including, but not limited to: State Environmental Policy
Act (under which the Sponsor shall serve as lead agency); Americans with Disabilities Act; Architectural
Barriers Act. (restoration and improvement projects only); Uniform Relocation Assistance and Real Property
JULY 29, 1999 -~ General Provisiom-5
Acquisition Policies Act (PL91-646, RCW 8.26.010); Uniform Standards of Professional Appraisal Practices;
permits (shoreline, HPA, demolition); land use regulations (comprehensive areas ordinances, GMA); and federal
and state safety and health regulations (OSHA/WISHA).
The Sponsor further agrees to indemnify and hold harmless lAC from all liability, damages, and costs of any
nature, including but not limited to costs of suits and attorneys' fees assessed against lAC, as a result of the
failure of the Sponsor to so comply.
Section 7: Conflict of Interest Prohibited
lAC may, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by
lAC that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any- similar statute involving
the Sponsor in the procurement of, or performance under, this Agreement.
In the event this Agreement is terminated as provided above, lAC shall be entitled to pursue the same remedies
against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The fights and
remedies of lAC provided for in this clause shall not be exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon which !AC makes any determination under this clause shall
be an issue and may be reviewed as provided in the 'Disputes" clause of this Agreement.
Section 8: Requirements of the National Park Service
If the Project has been approved by the National Park Service, United States Department of the Interior, for
assistance from the Federal Land and Water Conservation Fund (LWCF), the Project Agreement General
Provisions as contained in Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these Agreement
General Provisions. Further, the Sponsor agrees to provide lAC with reports or documents needed to meet the
requirements of the Agreement or Section 660.3 Attachment 13 of the L& WCF Grants-in-Aid Manual
Section 9: Acknowledgments and Signs
(A)
In Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to, the
Project.
(B)
(C)
Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution as provided by lAC policy,
unless waived by the Director;
Ceremonies. The SPonsor shall notify lAC no later than two weeks before a dedication ceremony for this
Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedication
ceremonies.
Section 10: Project Funding
(A)
Additional Amounts. lAC shall not be obligated to pay any amount beyond IAC's dollar amount or the
Project percentage, as identified in this Agreement (whichever amount is less), unless that additional
amount has been approved in advance by IAC's board or Director, and incorporated by written
amendment into this Agreement.
(B)
Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective
date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically approved
by IAC's board or Director.. The ~lollar amounts identified in this Agreement shall be reduced as necessary
to exclude any such expenditure from participation.
JULY29,1999
General Pravismn,~-6
(C)
After the Implementation Period. No expenditure made, or obligation incurred, following the
implementation period shall be eligible, in whole or in part, for grant funds hereunder. In addition to any
remedy lAC may have under this Agreement, the amounts identified in this Agreement shall be reduced to
exclude any such expenditure from participation.
Section 11: Project Reimbursements
(A)
(B)
Compliance and Retainage. Disbursement of grant monies by lAC to the Sponsor under this Agreement
shall be made in accord with applicable statutes, rules and lAC policies, all conditioned upon proof of
compliance with the terms of this Agreement by the Sponsor. lAC reserves the right to withhold
disbursement of the final ten percent (10%) of the total amount of the grant to the Sponsor until the
Project has been completed and approved by the Director. A Project is considered "complete" when (1) all
approved or required activities (acquisition, development, maintenance, education and enforcement, etc.)
are complete, (2) on-site signs are in place (if applicable), (3) a final Project report is submitted to lAC
with the Sponsor's final request for reimbursement, (4) the completed Project has been approved by lAC,
and (5) fiscal transactions are complete,
Compliance and Payment. The obligation of lAC to pay any amount(s) under this Agreement is expressly
conditioned upon strict compliance with the terms of this Agreement by the Sponsor.
(C)
Invoice Frequency. Sponsor must submit at least one invoice voucher a year but should not submit more
than one voucher per month. A year end voucher should account for all activity up to and including June
30, the last day of the State's fiscal year. Sponsors should submit tl~e year-end billing to lAC not later
than July 15th of each year. Final reimbursement requests should be submitted to lAC within ninety (90)
days of either completion of the Project or the termination date, whichever comes first.
(D)
Payment for Land Purchases. Reimbursement for real property acquisition, either fee or less than fee
interests, is based on the land values established per lAC guidelines, lAC will not reimburse for partial
acquisition costs or any interest payments associated with the acquisition of real property purchased on
installment.
Section 12: Non-availability of Funds
If amounts sufficient to fund the grant made under this Agreement are not appropriated by the Washington
State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management
(OFM) to lAC for expenditure for this Agreement in any biennial fiscal period, lAC shall not be obligated to pay
any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM
occurs. If lAC participation is suspended under this section for a continuous period of one year, IAC's
obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement
under this section is not subject to appeal by the Sponsor.
Section 13: Records and Reports
The Sponsor shall maintain books, records, documents and other evidence of accounting prOcedures and practices
which sufficiently and prOpedy reflect all direct and indirect costs of any nature expended in the performance of this
Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly
authorized by lAC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or
contract. The Sponsor will retain all books, records, documents, and other materials re(evant to this Agreement for
six years after settlement, and make them available for inspection by persons authorized under this provision.
Section 14: Authority to Inspect/Right of Entry
The Sponsor shall provide dght of access to its lands and facilities to lAC, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government at ali reasonable times, in order to
monitor and evaluate performance, compliance, and/or .quality assurance under this Agreement.
,JULY 29, 1999
Geflerai Pro~mns-7
Section 15: Provisions Applying to Acquisition Projects
The following provisions shall be in force only if the Project described in this Agreement is for the acquisition of
outdoor recreation or habitat conservation land or facilities:
(A)
Relocation Assistance-L&WCF. When Federal Land and Water Conservation Funds are part of this
Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970}~Public Law 91-
646; as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-
1987, and the applicable regulations and procedures of the Department of the Interior implementing that
Act.
lB)
Relocation Assistance-State Funds. When state funds are included in this Project, the Sponsor, if
required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance
and Real Property Acquisition Policy of the State of Washington (Chapter 240, Laws of 1971, 1st Ex.
Sess., RCW 8.26.010), and Chapter 468-100 WAC.
(C)
(D)
Housing & Relocation. In the event that housing and relocation costs, as required by federal law set out
in subsection lA) above and state law set out in subsection (B) above, are involved in the execution of
· this Project, the Sponsor agrees to provide any housing and relocation assistance that may be necessary,
with the understanding that eligible relocation costs may be part of the total Project cost.
Evidence of Land Value. Before disbursement of funds by lAC as Provided under this Agreement, the
Sponsor agrees to supply evidence to lAC that the land acquisition cost has been established as per lAC
procedural guidelines, which are incorporated by this reference.
(E) Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance by lAC.
(F)
Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument er
instruments which contain (1) a legal description of the' property acquired under this Agreement, (2) a
conveyance to the State of Washington of the right to use the described real property forever for outdoor
recreation.or habitat conservation purposes, and (3) a promise to comply with applicable statutes, rules,
and lAC policies with respect to conversion of use.
Section 16: Provisions Applying to Development Projects
The following provisions shall be in force only if the Project described in this Agreement is for development of
outdoor recreation or habitat conservation land or facilities:
lA)
Construction Document Review and Approval. The Sponsor agrees to submit one copy of all construction
· plans and specifications to lAC for review, Review and approval by IAC's Director will be for compliance
with the terms of this Agreement,
(B)
Contracts for Construction. Contracts for construction shall be awarded through a process of competitive
bidding if required by state law. Copies of all bids and contracts awarded shall be retained by the Sponsor
and available for lAC review. Where bids are substantially in excess of Project estimates, lAC may, by
notice in writing, suspend the Project for determination of appropriate action, which may include
termination of the Agreement.
(C) Construction Contract Change Order. Sponsors must get prior written approval for all change orders that
reduce or significantly change the scope of the Project, as finally approved by IAC's board.
(D)
Nondiscrimination. Except where a nondiscrimination clause required by the United States Department of
the Interior is used, the Sponsor shall insert the following nondiscrimination clause in each contract for
construction of this Project:
JULY 29, 1999 General Provisions-8
"During the performance of this contract, the contractor agrees to comply with all federal and state
nondiscrimination laws, regulations and policies.
Section 17: Hazardous Substances
(A)
Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances and certify that no hazardous substances were
found on the site.
(B) Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70.105D RCW.
(C) Definition. "Hazardous substance," as defined in RCW 70.105D.020 (7), means:
'(a) Any dangerous or extremely hazardous waste as defined in RCW 70.105.010(5) and (6) , or any
dangerous or extremely dangerous waste designated by rule pursuant to chapter 70.105 RCW;
'{b) Any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined
by rule pursuant to chapter 70.105. RCW;
~(c) Any substance that, on March 1, 1989, is a hazardous substance under section 101 (14) of the
federal cleanup law, 42 U.S.C. Sec. 9601(14);
'(d) Petroleum or petroleum products; and
'(e) Any substance or category of substances, including solid waste decomposition products, determined
by the director [or director's designee of the department of ecology] by rule to present a threat to human
health or the environment if released into the environment.
'The term hazardous substance does not ihctude any of the following when contained in an underground
storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank
is in compliance with all applicable federal, state, and local law."
(D)
Hold Harmless. The Sponsor will defend, protect and hold harmless lAC and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense
and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the
presence of, or the release or threatened release of, hazardous substances on the property being acquired.
Section 18: Restriction on Conversion of Facility to Other Uses
The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to this
Agreement to uses other than those purposes for which assistance was originally approved, without the
approval of IAC's board or Director, in compliance with applicable statutes, rules, and lAC policies as identified .
in this Agreement. It is the intent Of IAC's conversion policy that all lands acquired and all lands developed with
funding assistance from lAC remain in the public domain in perpetuity unless otherwise identified in the
Agreement.
By lAC policy and federal law a conversion may occur under any of the following circumstances:
(A) Conveyance. Property interests are conveyed for non-public outdoor recreation or habitat conservation
uses;
(B) Use. Non-outdoor recreation or habitat conservation uses (public or private) are made of the Proje~;t area,
or portion thereof;
(C) Development. Non-eligible indoor recreation facilities are developed within the Project area without prior
approval of IAC's board or Director; or
(D) Termination of Use/Non-Conformance.
JmY29, 1999
General ProViSions-9
(1) Outdoor Recreation Projects - Public use of the property acquired or developed with lAC assistance
is terminated.
(2) Habitat Conservation Projects - The property acquired no longer meets or conforms to the intent of
the category in which it was funded.
Element Change. A major change in an element described in the Agreement. When approved by IAC's
board or Director, certain elements may be deleted from the Project Agreement without invoking the
requirement to replace the elements. Such deletions are allowed when IAC's board or Director determines
that the elements are not needed or cannot be retained for public use due to one or more of the following
conditions:
· Obsolescence
· Extraordinary vandalism
· Acts of Nature
· Designed life expectancy reached
· Fire
- Property or property rights lost as a result of legal action
· ICC National Trails System Act reversion order (National Trails System Act 8(d), 15 U. 5. C.
§ 1247(d); WAC 286-27-060(2]).'
Section 19: Construction, Operation, Use and Maintenance of Assisted Projects
Except for habitat conservation~ areas generally closed to the public, Sponsors must ensure shat properties or
facilities assisted with lAC funds, including undeveloped sites, are built, operated and maintained:
(A) Appearance. To appear attractive and inviting to the public except for brief installation, construction, or
maintenance periods.
(B) Laws. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
(C) Safety. in a reasonably safe condition for public use.
(D) Maintenance. Throughout its estimated life so as to prevent undue deterioration that would discourage
public use.
(E) Availability. For public use at reasonable hours and times of the year, according to the type of area or
facility.
(F) Nondiscrimination. In compliance with ail federal and state nondiscrimination laws, regulations and
policies.
Section 20: Income, Income Use.
~ In this context, the words habitat conservation refer to the three programs in IAC's Habitat Conservation
Account: Critical Habitat, Natural Areas, and Urban Wildlife Habitat.
JULY 29, 1999 General PmWSions- 10
(A) Income.
(1) Compatible source. The source of any income generated in an lAC assisted project or project area
must be compatible with the element(s) defined in the Project Agreement. The way the project or project
area is defined varies with the source of funds provided by lAC. That is, income generated in a project
assisted with funds that originate from:
(a) A state source must be consistent with the limits of the element(s) assisted by lAC (for example,
within the area of an athletic field or habitat area).
(b) The federal Land and Water Conservation Fund must be consistent within the boundary described
in chapter 660.2.6.A. (~project area") of the L& WCF Grants-in-Aid Manual
(2) Fees. User and/or other fees may be charged in connection with land acquired or facilities developed
with lAC administered grants if the fees are consistent with the:
(a) Value of any service(s) furnished; and
(b) Value of any opportunity(les) furnished and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for
which a facility/range fee must not be charged (RCW 77.12.72).
(B) Income use. Regardless of whether income or fees in an lAC assisted area (including entrance, utility
corridor permit, cattle g~azing, timber harvesting, farming, etc.) are gained during or after the reimbursement
period cited in the Agreement, unless precluded by state law, the revenue may only be used to offset:
(1) The Sponsor's matching funds; and/or
(2) The Project's total cost, and/or
(3) The expense of operation, maintenance and/or repair of the facility or program assisted by the lAC
grant and/or
(4) The expense of operation and maintenance of other units in the Sponsor*s park and recreation and/or
habitat conservation system and/or
(5) Capital expenses for similar acquisition and/or development.
Section 21: Preferences for Users
Sponsors shall not express a preference for users of lAC grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable differences in
admission and other fees may be maintained on the basis of residence. Even so, lAC discourages the
imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents.
Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed
the amount that would be imposed on residents at comparable state or local public facilities.
JuLY 29, 1999
General Provisions- 11
Section 22: Provisions Related to Nonprofit Sponsors
A nonprofit or not-for-profit organization sponsor shall:
(A)
Strive to maintain a nonprofit or not-for-profit status(including registering with the Washington Secretary
of State) throughout the Sponsor's obligation to the Project as identified in this Agreement. However,
should a change in status become inevitable Ifor example, due to dissolution), within 30 days the Sponsor
shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.
A qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement.
(B) Provide for operation and maintenance of the assisted facility. Should the Sponsor fail in this obligation
for any reason, the Project will be considered converted and subject to all remedies available to lAC.
(C) Not discriminate on the basis of age, disability, gender, income, race, or religion.
Section 23: Uability Insurance Requirements for Firearm Range Sponsors
The Sponsor shall procure an endorsement, or other addition, to.liability insurance it may currently carry, or
shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to
ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility t° which this grant is related, or by reason of being in
the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the
death of, or injury to, each person.
lA)
The liability insurance policy, including any endorsement or addition, shall name Washington State and
lAC as defined in this Agreement as additiona{ insureds and shall be in a form approved by IAC's board or
Director.
(B)
The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements
of this section, shall be kept in force throughout the Sponsor's obligation to the Project as identified in
this Agreement.
(C)
The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall
give written notice to lAC not less than thirty (30) calendar days in advance of any cancellation of the
policy by the insurer, and within ten (10) calendar days following any termination of the policy by the
Sponsor.
(D)
The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, or
municipal' government which has established a program of self-insurance or a policy of self-insurance with
respect to claims arising from its facilities or activities generally, including such facilities as firearms or
archery ranges, when the applicant declares and describes that program or policy as a part of its
application to lAC.
(E)
By this requirement, lAC does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to
which this grant relates, Any such person, or any other person making claims based upon such death,
injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by
law.
Section 24: Waiver of Default
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any
provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be
JULY ~9, 1999 General Provisions-12
construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the
Director, or the Director's designee, and attached to the original Agreement.
Section 25: . Application Representations -- Misrepresentation or Inaccuracy a Breach
lAC relies upon the Sponsor's application in making its determinations as to eligibility for, selection for, and
scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be
deemed a breach of this Agreement.
Section 26: Indemnity
The Sponsor shall defend, protect and hold harmless the state of Washington, lAC, or any employees thereof, from
and against all claims, suits or actions adsing from the Sponsor's acts which are libelous or slanderous, which result
in injury to persons or property, which violate a dght of confidentiality, or which constitute an infringement of any
copyright, patent, trademark or tradename through use or reproduction of material of any kind.
Section 27: Termination and Other Remedies
lAC may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited
to, the requirements of the applicable statutes, rules and lAC policies which are incorporated into this
Agreement, and with the representations of the Sponsor in its application for a grant as finally approved by
IAC's board.
IAC's board, or the Director, may suspend, or may terminate, IAC's obligation to provide funding to the
Sponsor under this Agreement:
· In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or
· If the Sponsor fails to make progress satisfactory to IAC's board or Director toward completion of the
Project by the completion date set out in this Agreement; or
· If in the opinion of IAC's board or Director, the Sponsor fails to make progress necessary to complete any
other project assisted with grant funds from lAC within the completion date set out by agreement with
lAC for that project.
In the event this Agreement is terminated by IAC's board or Director, under this section or any other section
after any portion of the grant amount has been paid to the Sponsor under this Agreement, IAC's board or
Director may require that any amount paid be repaid to lAC for redeposit into the State Account from which
the funds were derived.
The Sponsor understands and agrees that lAC may enforce this Agreement by the remedy of specific
performance, which usually will mean completion of the Project as described in this Agreement. However, the
remedy of specific performance shall not be the sole or exclusive remedy available to lAC. No remedy available
to lAC shall be deemed exclusive, lAC may elect to exercise any, any combination, or all of the remedies
available to it under this Agreement, or under any provision of law, common law, or equity.
Section 28: Disputes
Except as may otherwise be provided in this Agreement, when a bona fide dispute arises between IAC's board
or its Director, and the Sponsor and it cannot be resolved, either party may request a dispute hearing according
to the process set out in this section. Either party's request for a disputes hearing must be in writing and
clearly state:
(a) The disputed issues;
(b) The relative positions of the parties; (c)
number.
The Sponsor's name, address, Project title, and lAC project
JULY 29, 1999 --, Geflm'al prowsmns- 13
In order for this section to apply to the resolution of any specific dispute or disputes the other party must agree
in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shalt
be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by
IAC's Director and a third person chosen by the two persons initially appointed. If a third person cannot be
agreed upon, the third person shall be chosen by IAC's Chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes
panel according to the nature and complexity of the issues involved. The process may be solely based upon
written material if the parties so agree. The disputes panel shall be governed by the provisions of this
Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall
be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.
The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received
notice of the action or position of the other party which it wishes to dispute. The written agreement to use the
process under this section for resolution of those issues shall be delivered or mailed by the receiving party to
the requesting party within thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
Section 29: Governing Law/Venue
This Agreement shall be governed by the laws of the state of Washington. In the event of a lawsuit involving
this Agreement, venue shall be proper only in Thurston County. The Sponsor by executing this Agreement,
acknowledges the jurisdiction of the courts of the state of Washington in this matter.
Section 30: Severability
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision and to this end the provisions of this Agreement are declared to be severable.
-- END --
AGENDA BILL
BREMERTON CITY COUNCIL
Ordinance-(~Reading) Amending
Chapter 2.04.010 of the Bremerton
Municipal Code (B.M.C.)
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
September ~ 19~9
CITY COUNCIL
Cecil McConnell
September 3, 1999
2. ~: (comment on back 3. EXHIBITS:
,,~/~ if~ negessary)
Lega]~~~../~ _ Ordinance No.
Operations Committee ~~, ~ /
~DORS~ INFO~TION APPRO~ BY CO~CIL P~SI~NT TTAL:
4. S~Y START ~D REOUIR~ FOR CO~CIL ACTION:
Council is asked to consider an ordinance defining the content items of the
regular City Council business meetings.
o
RECOM~4ENDATION:
Motion to pass Ordinance No. 4~on second reading, amending Chapter 2.04.010
of the B.M.C.
o
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED
DATE:
11.
AGENDA BILL NO:
ORDINANCE ~ ~' ~ Q
AN ORDINANCE amending Chapter 2.04 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Section 2.04.010 of the Bremerton Municipal Code
shall be amended to read as follows.
2.04.10 TIME AND PLACE.
The time and place of the regular meeting of the City Council required by Charter
shall be each Wednesday at five-thirty p.m. at the Council Chambers, Gity Hall,
13remerton, Washington, Provided, however, If such meeting day falls upon a legal
holiday, upon the same day that either a primary or general election is held, or as
approved by the majorfty of the Council, then such regular meeting shall be rescheduled
during the same week following procedures for setting a special meeting.
A regularly scheduled City Council meeting shall consist of the following items:
1. Call to Order (Flag Salute and Invocation)
2. Consent Agenda
3. Claims/Vouchers/VVarrants
4. Council Members Reports
5. Mayor's Report
6. Legislative Report
7. Public Recognition
8. Final Reading of Ordinances and vote thereon
9. Introduction and First Reading of Ordinances
10. Reading and vote upon Resolutions
11. Public Hearings and Appeal.
Items 8 through 11 may be omitted if there are no scheduled items for that section.
Section 2. Effective Date. This ordinance shall take effect ten (10) days from
passage and publication.
1999.
1999.
APPROVED by the City Council of the City of Bremerton this
PASSED by the City Council of the City of Bremerton this ~
day of
day of__
APPROVED this
__ day of
MICHAEL SHEPHERD, Council President
,1999.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
BREMERTON CITY COUNCIL
1. SUBJECT:
Ordinance Amending Chapter 10.11
of the Bremerton Municipal Code
FOR AGENDA OF: September 29, 1999
ORIGINATING DEPT: Legal _~
ORIGINATOR: Glenna Malanc
City Attorney ·
DATE SUBMITTED: September 23, 1999
Fiscal & Budget Committee
Operatiohs C6mmittee
ENDORSEMENT ~ INFORMATION [ ]
back if necessary)
3. EXHIBITS:
Ordinance No.
APPROVED BY COUNCIL PRES IDE~/~//~B~ITTAL
COUNCIL PRESIDENT /./~t~.~/,/~/./
4. SDI~4~.RX STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The attached Ordinance amends Chapter 10.!1 by providing that the reloca5ion of
a conveyance or motor vehicle within five hundred (500) feet and in a public
right-of-way is to be considered the same location of the parking prohibinion of
seventy-two (72) hours or more in a public right-of-way.
8. RECOMMENDATION:
That the City Council approve the proposed ordinance which provides that the
relocation of a conveyance or motor vehicle within five hundred (500) feet and
in a public right-of-way is to be considered the same location for the parking
prohibition of seventy-two (72) hours or more in a public right-of-way.
Record Motion:
Motion to approve ordinance on 1s~ readinc:
Pass Ordinance No. on 2nd reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
(OVER)
5. IMPACT OF NON-PASSAGE:
Movement of inches or feet of a vehicle in violation of the seventy-two (72) hour
parking prohibition in public rights-of-way will continue to defeat the intent
of the prohibition.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCBS:
None.
7. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE mending Chapter 10.11 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Amendment. Section 10.11.010 of the Bremerton Municipal Code is hereby amended to
read as follows:
.010
ADDITIONAL VIOLATIONS.
(i)
(72) consecmive hours, of non-motorized conveyances or
shall be unlawful
Storage of Vehicles within Right-of Way. Parking in excess of seventy-twq
ina
Motor vehicles or non-motorized conveyances exceeding ten
thousand pounds (10,000 Ibs.) gross vehicle weight or twenty-two (22) feet in length, may not repark
in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period.
Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and
publication.
APPROVED by the City Council of the C~' of Bremerton this __
1999.
PASSED by the City Council of the City. of Bremerton this __
1999.
dayof
day of
APPROVED this
__ day of
MIKE SHEPHERD, Council President
., 1999.
KATI41.1:?I~I McCLUSKEY, City. Cletk
LYNN S. HORTON, Mayor
7.2.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION #
PROPOSING TO SET A HEARING DATE OF
OCTOBER 20, 1999, FOR THE VACATION OF A
PORTION OF MARINE DRIVE.
2. CLEARANCES: (comment on baek~~.~D 3.
Director, Public Works/Utilities
City Attorney ~.
City Treasurer ~/~
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
September 29, 1999
PW&U Engineering Div.
Randy Witt, City En~neer_~__J;~
September 17, 1999
EXItlBITS
A. Proposed Resolution.
B. Vicinity Map.
Director, Economic and Community
Development
Council Budget & Finance Committee
Operations Committee
MAYOR~
City staffhas received a petition to vacate 1,000 square feet along the east side of Marine Drive. The Cirv Council
is being requested to establish a hearing date of October 20, 1999, to consider the vacation of a portion of the rig~ht-
of-way for Marine Drive. This portion of the right-of-way is undeveloped and encompasses a steep slope. A
dedication of right-of-way at the northwest comer of Marine Drive and Dora Avenue is being considered as partial
compensation for the vacation. Posting of the hearing notices and mailings to the adjacent property, will be
completed in accordance with the Bremerton Municipal Code. Engineering staff recommends adoption of the
proposed Resolution.
8. RECOMMENDATION:
City Council adopt the proposed Resolution to set a date for Public heating on October 20, 1999.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City. Engineer
N/A
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OFACTION
APPROVED DISAPPROVED
11.
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The adjacent property is currently being developed and non-passage may adversely impact both the setback
requirements and the project schedule.
6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of- Way
RCW 35. 79 Streets
99303
RESOLUTION NO. 3-7 J- 5
A RESOLUTION proposing the vacation of a portion of Marine Drive west of Dora
Avenue, in conjunction with a Dedication of Right-of-Way at the northwest corner of
marine Drive and Dora Avenue.
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT:
1. A petition has been received to vacate a portion of Maxine Drive right-of-way in
conjunction with a proposed right-of-way dedication. The vacated right-of-way shall revert
to the abutting property.
2. A public hearing will be held on October 20, 1999, at 6:00 p.m. or later at the
Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or
consider written objections to the vacation~
PASSED by the City Council of the City of Bremerton this day of
., 1999.
MIKE SHEPHERD, Council President
"/5
I
/
~_~ "':' ,\,od:~. .,:.,".,;-- .' _._
,. e .- W.~r, , ,, s ~t¢ ....
", (~ ~! ~_. . ~.' ~_ ~ ~ ~.. ~ t ~/ .¢
, / / '~ , .. ~
AGENDA BILL -
BREMERTON CITY COUNCIL
SUBJECT: Resolution No. ~ 7 ~ ~-~
2000 - 2005 Six-Year Transportation Improvement
Plan
2. CLEARANCES: (co. anent on
Director, Public Works/Utilities
City Attorney
City Treasurer
Director, Economic & Community
Developmem
Co~-,cil Budget & Fi~=ce Co,~m~tt~= '
Operations Committee
MAYOR~ 7
/o'
FORAGENDAOF: Ser)tember 29, 1999
ORIGINATING DEPT: PW&U Engineering Div.
ORIGINATOR: Randy Witt, City E~e~,
eptem ,er
B3 EXHIBITS
~ ~o~ Resolution. a-~ =-~
· Six Year Transportation Improvement
Report.
APVROV~D BY COUNCm
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121.
The Plan is updated annually and filed with the Secretary. of Transportation, Department of Transportation, Local
Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities.
The attached plan has been prepared for Ciw Council approval by Resolution and will be submitted to the
Washington State Department of Transportation.
8. RECOMMENDATION:
The City Council adopt the attached t~esoiution approving the City's 2000-2005 Six Year Transportation
Improvement Program and direct the Mayor to forward the Resolution and Plan to the Department of
Transportation, Local Programs Office·
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City, Engineer
N/A
10. NOTICE OF ACTION
PULLED TABLED
COUNCIL DIRECTIVE
APPROVED
DISAPPROVED
11. AGENDABII,LN0: ~~
7O
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Annual adoption of a Six-Year Transportation Improvement Plan for the City is required by State
law and is a requirement to receive certain State and Federal Transportation funds. Non-passage
would violate the law and jeopardize funding.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
7. RESEARCH SOURCES
RESOLU'rIO NO.
2000 - 2005 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
WI-IEREAS, THE CITY OF BREMERTON, has reviewed the work accomplished under
its Comprehensive Arterial Street Construction Pro~mmu and determined current City Street Needs;
Wl:[EREAS, the City Council caused to be prepared a revised and extended Six-year
Transportation Improvement Plan for the period of January 1, 2000, to December 31, 2005, and
after public hearing thereon approved the same;
NOW, TI:IEREFORE, BE IT RESOLVED, that the revised and extended Six-Year
Transportation Improvement Plan 2000-2005 attached hereto as Exhibit A and Schedule is hereby
adopted as the revised and extended Six-year Transportation Improvement Plan for the period of
January 1, 2000, to December 31, 2005.
PASSED by the City Council of the City of Bremerton this dav of
,1999.
MIKE SHEPHERD, Council President
Washington State Department of Transportation
Agency Bremedon
County No. 18
City No. 0115
MPO PSRC
I I Project IdentifiCation
A. Federal Aid No.
:__~. B. Bridge No.
.c~.~ C. Project Title
'~ ~ o E D. Street/County Road Name or Number
a_ z E. Beginning MP or road - Ending MP or road
I F. Describe Work to be Done
1 i 2 3
14 1
14 2
I Phases in Project
SR 303 Major Investment Study
SR 303
SR 304, Bremedon to SR 3, Silverdale
Address LOS on SR 303
P-STPF-TA~(~i 3 Phases in Project
SR31SR304 Gorst to Bremerton T.l.P.Fer~y Terminal
SR31SR304
Gorst to BremeHon Ferry Terminal
HOV Improvements/Reconstruction of the SR304 Corridor
3 Phases in Project
West Hills Commercial/VVerner Corridor Improvements
Werner, Auto Center Blvd, Auto Cenler Way, Rogers
Werner to Rogers to Auto Cfr Wy to Blvd
Improvements to Street include widening, access control,
2 Phases in Project
Auto Center Way Improvements
Aulo Center Way
Bruen Ave to SR 3 on-ramp
Roadway, lighting improvements on Auto Center Way
03
04
02
06
07
01
05
12
07
05
06
07
12
3.94
0.865
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G
P
T
W
P
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~'~g~ ~ Six Year Transportation Improvement Program
From 2000 to 2005
Hearing Date
Adoption Date
Resolution No,
Project Costs In Thousands of Dollars I Federally Funded
; Fund Source Information I Expenditure Schedule Projects Only
Federal Funding {LocalAgency) ReRuirAN d.--
= I Phase :Federall Federal I State , , 4th -~-nvir. i Date
roject ; ~ State Local
~, Starl i Fund Cost by l Fund - FTuCnt;Is ~ 1st 2nd I 3rd Thru i Type
~nase mm/dd/yyyy) Code I Phase Code Funos I runos / ,~ I 6th,
I
16 I 17 I 18 i9
8il 9 ii 10 i 11 j 12 i3 i i4 15 I 20 'I 21
PE i 711/99 400 i 400 i ! 8001 600 170
No
TOtals 4oo 4oo 80o SOo i~0
PE I 6/1/97 STP(U) 675
RW ! 1/1/98
CN 7/1/98
STP
STP
711198
211199 SIP(U)
5/t/2000 S1 P(U)
1/1/2000
1/1/2001
10260
5420
16355
20
1005
OTHER
OTHER
OTHER
UAIA
UA1 A
UA1A
1273i 518i 24661 495[ 2291
6700
9625 368I 20253 22331
7137i 182i 12739 5346 i 24111 3617
18035 t068 35458 12541 4873
200 15 215J
168 17: 205
895i' 304 2204 2374i
1263 336 2624 2374
72 18 3:00
288 72 360
Totals
PE
RW
CN
Totals
CN
1025
OTHER
OTHER
Totals 360 90 450 90 360
3617
ElS
CE
Yes
1/1/98
No
,~hington State Department of Transportation
,cy Bremerton
Junty No. 18
City No. 0115
MPO PSRC
Page 2
Six Year Transportation Improvement Program
From 2000 to 2005
Hearing Date
Adoption Date
Resolution No.
A. Federal Aid No. ! 'E Fund Source Information Expenditure Schedule Projects Only
B. Bridge No. ,.~. [ (LocalAgency)
C. Project Tille Federal Funding ~ I =
D. Stree~County Road Name or Number ~ : ~ 3roject Phasestad ; FederaIFund CostFederal ~ Stale ~ ~ ~ 4th ~ Envir. ~ Required
E. Beginning MP or road- Ending MP or road ~ ~hase{(m,,/d~yyyy); Code i Phase, Code~ J Funds Funds ~ Funds 1st 2nd 3rd Thru Type ~(M~
by~ Fund State Local i Total Date
F. Describe Work to be Done 6th .
3 4 ~ 6 7 S ; 9 10 11 12 ~ 13 ,,
pE ~ 1'1/2000 , OTHER, 50i 50 i 100 50i
2 Phases in Project 05 PCN 1/1/2002 '~ ~ OTHER i 622~ 118 i 740 [ 790 No
i
Arsenal Way/Patton Ave Improvements 07
Arsonal Way and Patton Ave 12
Lafayette Ave to Loxie Eagans Bird ~
Road malig nmen~widening/sidewalks/lig hting Totals 672 t68 840 50 790
iPI,asesinPmject~l2 p ~ ALL ~ 11112000 , 900~ 900~ 150, iSO~ 150~ 450
06 ~ I No
Mis~llaneous (L~al Program Suppod) 07
City ~de
N/A to N/A I
Pr~ecls to improve safety and operations ~r Totals goo 9~ ~5o ~5o i5o 450
I Phases in Pmject : 01 ~ p .2 i PE! 1/1/2003 301 301 I ~ 30
~12~ No
Construct Warren Avenue Off Ramp i
Warren Avenue :
Sheridan Ave to Callahan Drive ~ 30
Future project for ac~ss considerations ~ ~ Totals 30 30
, ~ .... i
{ Grand Totals for Breme~on 17~80 20730 2592 41102 15805 5553 4557 480
Supporting Information for the STIP 2000
SR 303 Major Investment Study - WSDOT is managing the study in coordination
with Bremerton, Kitsap County and Kitsap Transit. WSDOT selected a consultant
(Parametrix) to do the study and they are currently working on the Statement of
Work. City of Bremerton and Kitsap County share of funds provided by an allocation
of Countywide TEA 21 funds. A presentation to the City Council on the scope of
work is scheduled for the study session of October 6, 1999.
SR3/SR304 Gorst to Bremerton Ferry Terminal - Burwell Street from Pacific Ave. to
Montgomery Ave. completed in 1999. The Gate Stage Improvements, from Porter St
and Cambrian Ave to Burwell St and Montgomery Ave., are expected to begin
construction in 2000 and be completed in 2001. The Naval Yard Highway Stage and
Ferry Terminal Stage are estimated to be completed in 2002.
Design & $14,427,000 $7,195,000 $2,462,000
ROW
Construction $1,386,000 $5,346,000 $2,411,000 $3,617,000
o
$8,800,000 in funds is in jeopardy pending the outcome of 1-695. $7.800.000 of these
funds is from WSDOT and was approved by the State Legislature as part of the Ref.
49 funds. The other $1,000,000 would come from the Central Puget Sound Public
Transportation Account, which is also supported by MVET funds. Loss of these
funds will not effect the Gateway Stage Improvements but would impact the
completion of the other stages.
West Hills Improvements - Received increased funding from Countywide TEA 21
allocation of $1.025 million. This combines with UATA. EDA and Arterial Street
funds for a total project budget of $3 million. Construction planned for 2000.
Auto Center Way Improvements - Bruen Ave. to SR 3 on-ramp - no changes. City
will develop a preliminary, plan and cost estimate to use in obtaining funding.
Arsenal Way/Patton Ave Improvements - No changes
Miscellaneous (Local Program Support) - No changes. Used for arterial street
overlays, signal upgrades, signage, and miscellaneous work on the arterial street
system.
7. Construct Warren Avenue Off Ramp - Delayed until we can get funding.